With the mere stroke of a pen, an American Commander-in Chief can forgive anyone for the commission of any Federal crime, which “pardon” cannot be challenged by any other branch of Government. [Art. II, Sec.2, U.S. Constitution]. It is the most sweeping and unlimited power, granted to a President of the United States; its only limitations are, that it must apply to a Federal offense, and, that it cannot affect an impeachment. The grant amounts to an unassailable and final determination of complete absolution, cancelling the offense, as of record, and may be awarded, before or after conviction. It was inserted in the Constitution in 1789, by our Founders, (as an intended check on the Justice system) and seems to date back, before Monarchial Rule in England, to its existence in ancient Rome and Greece, and, before that time, the 7th Century.
We have the unavoidable sense, that in a Republican Democracy, such an unlimited and arbitrary power, amounting to a resurrection of one of the arbitrary rights of historic royalty, although, constitutionally authorized, is unjust; and in principled inconsistency with the American systemic institution of equal process, and equality before the law. We are obliged to concede to the provisions of the U.S. Constitution and the historic precedent; nevertheless, we, as American citizens, cannot avoid the disturbing conclusion that the right of pardon, is an anachronistic travesty, more suitable to the historic European monarchial system than to the United States of America.
If we are all, equal under the law, inclusive of the President, this arbitrary, Royal privilege has no place in our society, nor, appropriately, within the American philosophy and system of laws. We humbly submit that a Constitutional Conference, ought to be convened, to consider the elimination of this unjust and anachronistic, (Royal) privilege from our Republican Constitution.
The right is especially odious, when one considers the nature our present commander in chief, a proven wrongdoer and abuser of Presidential power, whose behavior betrays even a modicum of morality. He has, by his unfitness, bigotry, violations of civil and federal laws, as well as the Constitution, (particularly the Emolument Clause) embarrassed the nation, and publically defamed the Office of the American Presidency. In what sane World, in what Mad Hatter’s Tea Party, in what “Lord of the Flies” World, can such a common grifter and fraudulent miscreant, be in the position of a high priest, imbued with, and possessor of, the exclusive right to pardon (selected) criminals?
We would hazard our personally disturbing question, which, in its novelty and complexity, may be, especially revelatory, of the vestigial nature of the right of pardon. The Official Reports, of the Congressionally appointed Special Prosecutor, and the consistent findings, of several investigative Congressional Committees have, uniformly and consistently, determined the existence of a legion of illegal acts, perhaps, even Treason, attributed to this historically unprecedented, Presidential miscreant.
Our disturbing question is: Does the Constitution grant to the President, the power and authority, to pardon individuals, for the commission of crimes, in which he, himself is found complicit?
We would, wisely, and prudently, relegate this “Alice in Wonderland” question, to no lesser juridical mind, than the esteemed, “Mad Hatter,” himself.