11-25-2008, 03:47 PM
Separation of powers and our system of checks and balances between the executive, legislative and judicial branches of government. For instance, Congress may pass a law and the President may sign it, but the Supreme Court has trumping power in that it can declare the law unconstitutional and therefore void.
In this case, the executive trumps the judicial branch. Generally the privilege is used sparingly and responsibly. It's the quadrennial New Year's Eve orgy of political pardons that gets interesting, as the outgoing President proffers prophylactic pardons to his posse. It's an interesting way to find out the misdeeds the press missed during the term.
In this case, the executive trumps the judicial branch. Generally the privilege is used sparingly and responsibly. It's the quadrennial New Year's Eve orgy of political pardons that gets interesting, as the outgoing President proffers prophylactic pardons to his posse. It's an interesting way to find out the misdeeds the press missed during the term.
voodoopenguin wrote:
Miscarriage of justice reparation is one thing but pardoning and setting someone free, who was properly convicted and sentenced, by a single person where the power is absolute and cannot be over-ruled does not sound like sense. Back in history our monarch had that power but to have it in the modern USA, which prides itself on the upholding of democracy and accountability, seems strange to me.
The royal pardon can only be used in consultation with those with more expertise. Likewise theoretically the monarch can over rule Parliament however since our Civil War of over 350 years ago that right has been tempered with the understanding that if it was used arbitrarily then Parliament would act swiftly to remove all rights. It could be the beginning of the end of monarchy. In other words, you have the right Mrs.Windsor but if you use it we will take it away from you.