Tuesday, August 19, 2014
In today's New York Times...
The editorial board of the Times supports the proposal Rachel Barkow and I have made regarding clemency in an editorial today. They even cited to our article, which is coming up in the University of Chicago Law Review.
It is, as usual, a well-written piece. Here is the heart of it:
Mr. Obama’s failure to wield the pardon power more forcefully is all the more frustrating when considered against the backdrop of endless accusations that he is exercising too much executive authority, sometimes — his critics say — arbitrarily if not illegally. In this case, he should take advantage of a crucial power that the Constitution unreservedly grants him.
It is, as usual, a well-written piece. Here is the heart of it:
Mr. Obama’s failure to wield the pardon power more forcefully is all the more frustrating when considered against the backdrop of endless accusations that he is exercising too much executive authority, sometimes — his critics say — arbitrarily if not illegally. In this case, he should take advantage of a crucial power that the Constitution unreservedly grants him.
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This opinion is well put together, showing more or less that the reason behind the “decades-long abandonment” of the presidential power of mercy is its politically sensitive nature. I think any major decision that has a potential to backfire politically should be taken away from the hands of an executive politician. For a president who hopes to be elected a second term, forget about giving them any power that upon being used would surely take away from them the chance of being re-elected. I guess in the days when these executive powers were given to the President, there were no Gallup polls, no Rasmussen Reports or god-forbid Fox News polls to worry about. And I’m pretty sure in those days, the pretty lucrative gig of ex-POTUS speeches was not something to factor in if one left behind some unpopular executive power decisions. The proposal you helped put together sounds good because it amends at least this one very important executive power.
" I think that any major decision that has a potential to backfire politically should be taken away from an executive politician."
Say what?
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Say what?
# posted by 
: 11:18 PM
: 11:18 PM << Home
