Can the president pardon any criminal offense?

President Obama recently commuted the sentence of roughly 111 inmates serving time in federal prison on non-violent felony drug convictions; and some are serving life sentences. This practice did not start with president Obama but is this sweeping display of presidential and Executive power consistent with the Constitution? In Article II, Section 2, the Constitution stipulates that the President has the authority to “grant Reprieves and Pardons for offenses against the United States,” except in the case of Impeachment. Now to better explain the meaning or intent of the statute it is prudent to consider the context. To start with, the presidential oath of office is an affirmation to preserve, protect and defend the Constitution of the United States- and by extension, the people, territory and integrity of our form of government and laws. The Fourteenth Amendment, Sections 2-4, seem to place quite an emphasis on this notion of insurrection or rebellion; which was always a CLEAR AND PRESENT DANGER in those days.

In modern times it would be more likely that concerns over espionage (like Julian Assange of Wikileaks), Eric Snowden or any kind of support to enemies of America as in separatist groups or individuals who wage war [like Timothy McVeigh], anarchy and other such acts against what they perceive as government over reach into their personal lives or international terrorism against American citizens here at home or abroad. It would seem that these crimes and others of such nature would be deemed ‘high crimes and misdemeanors’ within the purview of the scope of presidential power. After the Civil War ended, President Lincoln pardoned the Confederate states that seceded from the United States on the condition that those wanting to rejoin the Union of the Free states would accept the Constitution (“Bill of Rights”). Presidential power to set aside, commute, or give clemency to criminal felons on offenses that are not of such magnitude as trying to overthrow the government or harm the people of the united States is foreign to the Constitution; no matter how passionately one is driven by moral imperative and a sense of fairness, equity and social justice.

 

Robert Randle
776 Commerce St Apt 701
Tacoma, WA 98402
September 7, 2016
robertrandle51@yahoo.com