Monday, August 3, 2015

Let's hear from the presidential candidates on clemency reform: Rachel E. Barkow and Mark Osler (Opinion)

...Unfortunately, we usually pay attention to clemency only after it has been used in a controversial way. When Bill Clinton pardoned Marc Rich, we suddenly cared about clemency. When George W. Bush commuted the sentence of (but declined to pardon) Scooter Libby, people on both sides of the issue were upset. And no one has forgotten the Nixon pardon.

But the framers intended clemency to perform a systematic function in the constitutional system of checking overbroad laws and correcting injustices in individual cases, and that requires foresight, principles of action, and attention to structure. All of the modern presidents have failed to fulfill the framers' vision. Yet we never ask candidates how they would use this enormous power before they enter office — we just act surprised when they use it.

More:  http://www.cleveland.com/opinion/index.ssf/2015/08/lets_hear_from_the_presidentia.html

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