Americans should unite to lobby all our representatives in Congress to enact legislation prohibiting any president from pardoning Maxwell. Our Constitution explicitly and implicitly supports such legislation.
As the Preamble emphasizes, "We the People" did "ordain and establish" our "Constitution" to "establish Justice," "promote the general Welfare" and "secure the Blessings of Liberty to ourselves."
Article I promptly emphasized that "All legislative Powers" were "vested" by the People in our representatives in "Congress." It further emphasized that the People vested in Congress the power to "make all Laws" that are "necessary and proper for carrying into Execution" absolutely "all" the "Powers vested by this Constitution" not only in Congress but throughout any part of "the Government of the United States, or in any Department or Officer thereof." So the People vested in Congress the power to make laws governing how the president, all executive branch officers, and all judges exercise the powers that the People subsequently (in Articles II and III) vested in the executive and judicial branches.
The power the People granted to our representatives in Congress necessarily includes the power to enact legislation regarding criminal conduct, including legislation that regulates (governs) the president's power to pardon people. In fact, our Constitution explicitly withheld from Congress only particular powers regarding criminal conduct, i.e., prohibiting legislation that would replace a trial by jury (it prohibits any "Bill of Attainder") or legislation making conduct criminal that was not criminal when the alleged crime occurred (it prohibits any "ex post facto Law").
There is absolutely no reason to believe that our Constitution delegated to the president an absolute (unlimited) power to pardon even the people who are most dangerous to our society. In fact, Article II expressly emphasizes that principle. The president clearly cannot always override the determination of Congress. Article II emphasizes that the president was not delegated any "Power to grant Reprieves and Pardons for Offences against the United States" (federal crimes) in any "Cases of Impeachment," and "Impeachment" can be for whatever conduct Congress made criminal as "Bribery" or any "other high Crimes" or "Misdemeanors." Clearly, the president's pardon power never was meant to be absolute.
Article II expressly emphasized that the president's first, foremost, constant and overarching duty is to "preserve, protect and defend" our "Constitution" to "the best of" the president's "Ability." Congress always necessarily has the power (and the duty) to enact legislation to ensure that the president fulfills his oath (his promise) to "preserve, protect and defend" our "Constitution" to "the best of" the president's "Ability."
While I agree with your well developed argument, the political climate has neutered “our Constitution”! In an interview the amoral convicted felon Trump stated that he doesn’t know about the oath of office he parroted ‘to uphold the laws of the Constitution’! And why should he know, since six right wing members of Roberts’ stench court base their opinions on personal political goals not the Constitution of the US! Trump has only believed in a law when it suited his purpose, otherwise he disdains any set of laws which impede his lust for greed and power. Now he has over 250 members of the us congress who are lapdogs to him, not ‘our Constitution!
Public servants don't have the power to neuter our Constitution. Even the people don't have that power without following the procedures for amendment. That's very much the point of having a written Constitution--it always binds all public servants, which also limits the power of even the majority of the people to tyrannize other people.
Where have you been when the Robert’s stench court granted trump immunity, violating the very founding principle of our Constitution! Yes the Constitution exists but the Supreme Court and the repub Congress has allowed trump to neuter it!
I've been right here (and elsewhere) doing what I'm doing now. I've been researching and writing about these issues to help lawyers, judges, law students and law professors better understand and better explain our Constitution.
Americans should unite to lobby all our representatives in Congress to enact legislation prohibiting any president from pardoning Maxwell. Our Constitution explicitly and implicitly supports such legislation.
As the Preamble emphasizes, "We the People" did "ordain and establish" our "Constitution" to "establish Justice," "promote the general Welfare" and "secure the Blessings of Liberty to ourselves."
Article I promptly emphasized that "All legislative Powers" were "vested" by the People in our representatives in "Congress." It further emphasized that the People vested in Congress the power to "make all Laws" that are "necessary and proper for carrying into Execution" absolutely "all" the "Powers vested by this Constitution" not only in Congress but throughout any part of "the Government of the United States, or in any Department or Officer thereof." So the People vested in Congress the power to make laws governing how the president, all executive branch officers, and all judges exercise the powers that the People subsequently (in Articles II and III) vested in the executive and judicial branches.
The power the People granted to our representatives in Congress necessarily includes the power to enact legislation regarding criminal conduct, including legislation that regulates (governs) the president's power to pardon people. In fact, our Constitution explicitly withheld from Congress only particular powers regarding criminal conduct, i.e., prohibiting legislation that would replace a trial by jury (it prohibits any "Bill of Attainder") or legislation making conduct criminal that was not criminal when the alleged crime occurred (it prohibits any "ex post facto Law").
There is absolutely no reason to believe that our Constitution delegated to the president an absolute (unlimited) power to pardon even the people who are most dangerous to our society. In fact, Article II expressly emphasizes that principle. The president clearly cannot always override the determination of Congress. Article II emphasizes that the president was not delegated any "Power to grant Reprieves and Pardons for Offences against the United States" (federal crimes) in any "Cases of Impeachment," and "Impeachment" can be for whatever conduct Congress made criminal as "Bribery" or any "other high Crimes" or "Misdemeanors." Clearly, the president's pardon power never was meant to be absolute.
Article II expressly emphasized that the president's first, foremost, constant and overarching duty is to "preserve, protect and defend" our "Constitution" to "the best of" the president's "Ability." Congress always necessarily has the power (and the duty) to enact legislation to ensure that the president fulfills his oath (his promise) to "preserve, protect and defend" our "Constitution" to "the best of" the president's "Ability."
While I agree with your well developed argument, the political climate has neutered “our Constitution”! In an interview the amoral convicted felon Trump stated that he doesn’t know about the oath of office he parroted ‘to uphold the laws of the Constitution’! And why should he know, since six right wing members of Roberts’ stench court base their opinions on personal political goals not the Constitution of the US! Trump has only believed in a law when it suited his purpose, otherwise he disdains any set of laws which impede his lust for greed and power. Now he has over 250 members of the us congress who are lapdogs to him, not ‘our Constitution!
Public servants don't have the power to neuter our Constitution. Even the people don't have that power without following the procedures for amendment. That's very much the point of having a written Constitution--it always binds all public servants, which also limits the power of even the majority of the people to tyrannize other people.
Where have you been when the Robert’s stench court granted trump immunity, violating the very founding principle of our Constitution! Yes the Constitution exists but the Supreme Court and the repub Congress has allowed trump to neuter it!
I've been right here (and elsewhere) doing what I'm doing now. I've been researching and writing about these issues to help lawyers, judges, law students and law professors better understand and better explain our Constitution.
https://randoliberal.substack.com/p/alter-v-doj
Transcript, please!