Posted on 10/04/2010 6:38:50 PM PDT by Recovering_Democrat
The President's pardon power is established under the United States Constitution, Article II, Section 2:
The President ... shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment...
But how, if at all, should such a power be limited? A proposal introduced by Connecticut's Roger Sherman to make Presidential pardons subject to the consent of the Senate was considered but quickly rejected by the Convention (the Senate was deemed to be powerful enough already). So was Luther Martin's suggestion of confining pardons to convicted persons only...
With the single exception of impeachment, then, the pardon power emerged from Philadelphia as exclusive, broad, and unfettered by the regular checks and balances of the governmental structure.
(Excerpt) Read more at jurist.law.pitt.edu ...
So: the Constitutional question is can a President pardon someone of a crime (illegal entry, etc.) if they are not a citizen but are still within our borders?
And, more importantly, would Hussein DARE to try this tactic?
Okay, I'll take off my tin foil hat and await your opinions.
His handlers aren’t that stupid and somehow I think the tin foil hat never comes off.
It still would not make them citizens.
He could pardon them for the past crime of coming here illegally, but if they remained in this country they would continually be breaking the law. He would have to pardon them everyday. That is, without amnesty.
Just my opinion.
This is ludicrous, and even The Messiah can't wave his magic wand and expect that Americans will accept it.
Pardoning them of the crime of being here illegally does not grant citizenship.
That was my thought, too. He can pardon them for being illegals up to the moment he pardons them. But they will still be illegals the next day. The right to pardon is not the right to confer citizenship.
A pardon is not amnesty or immunity. A pardon only takes away the penalties for offenses committed prior to the pardon. If Obama pardoned all of the illegal immigrants on January 1, then on January 2 they would again be in violation of the law and would again be illegal.
You beat me to the punch!
“How can one legally bestow a pardon ... for a crime which has not resulted in a conviction, anyway?”
Gerald Ford pardoned Richard Nixon yet Nixon was not convicted of any crime.
Very good.....was Nixon a U.S. Citizen at the time he was pardoned?
see, that was my thought running_dog.
He could unilaterally attempt to grant pardon and amnesty for all past crimes....granting them (or trying to) citizenship and/or residency.
I dunno. It’d be a hellstorm for sure, but I wonder if he’d dare...just like I wonder if the Demon-rats will try to give him 3 more justices on SCOTUS during a lameduck...or the pardons he’ll grant in his last days in office.
Clinton pardoned a fugitive.
They bribed lawmakers with public monies to pass ObamaCare. Don’t put anything past them.
Also, I think that the power is to pardon a person. Therefore, he would have to have the names and addresses of those he is trying to pardon. Just like a criminal charge is specific to an individual, the pardon would need to be likewise.
A blanket pardon pertaining to people who meet certain fact situations should be ineffective because it would take a court action to determine if the pardon applied. How many illegals would trust that setup?
That would be Marc Rich (who's wife Klintoon was poking as part of the deal, I understand)?
Wasn't Rich a U.S. Citizen at the time?
I do believe so.
A proposal introduced by Connecticut's Roger Sherman to make Presidential pardons subject to the consent of the Senate was considered but quickly rejected by the Convention (the Senate was deemed to be powerful enough already). So was Luther Martin's suggestion of confining pardons to convicted persons only... With the single exception of impeachment, then, the pardon power emerged from Philadelphia as exclusive, broad, and unfettered by the regular checks and balances of the governmental structure.A pardon wouldn't make them citizens.
LOL
Up on Cripple Creek, as she sends me
If I spring a leak, as she mends me
I don’t have to speak, as she defends me
A drunkard’s dream if I ever did see one
http://www.youtube.com/watch?v=RDnlU6rPfwY
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