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Thu Dec 19, 2019, 08:37 AM

Can Impeached presidents still perform pardons?

What is that "...except in the case of impeachment" clause in the section about pardon powers?

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Reply Can Impeached presidents still perform pardons? (Original post)
intrepidity Dec 2019 OP
onenote Dec 2019 #1
intrepidity Dec 2019 #3
onenote Dec 2019 #4
intrepidity Dec 2019 #6
TwilightZone Dec 2019 #2
MineralMan Dec 2019 #5
LeftInTX Dec 2019 #7

Response to intrepidity (Original post)

Thu Dec 19, 2019, 08:41 AM

1. Yes.

All that the pardon language in the impeachment provision means is that a president can't use the pardon power to undo an impeachment.

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Response to onenote (Reply #1)

Thu Dec 19, 2019, 08:51 AM

3. That's so oddly specific

I wonder what makes impeachment so unpardonable?

To me, it makes much more sense to remove that power from an impeached president.

Like, murderers, serial killers, terrorists are all eligible for pardons, but someone who has been impeached is a bridge too far?

Very odd, to me.

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Response to intrepidity (Reply #3)

Thu Dec 19, 2019, 09:04 AM

4. It was carried over from British law

The Act of Settlement of 1701 imposed for the first time a limitation on the power of the King of England to grant pardons by providing that the pardon power did not extend to impeachments. Presumably, this step was taken by Parliament to protect their impeachment power from being undercut by the action of an unelected king (or queen).

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Response to onenote (Reply #4)

Thu Dec 19, 2019, 09:41 AM

6. Ok, that makes sense

Thank you for taking the time to explain the origin.

Although, it still doesn't make sense in today's context, but such is often the case with laws.

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Response to intrepidity (Original post)

Thu Dec 19, 2019, 09:26 AM

5. Yes. Unless he he is convicted and removed from office

by the Senate, he is still the President, and can still exercise all of the functions of that office.

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Response to intrepidity (Original post)

Thu Dec 19, 2019, 10:03 AM

7. An impeachment is merely an indictment

Most elected officials under indictment are allowed to work and have full job duties.

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