General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhat are the chances that we can do a Constitutional change
that will prevent a sitting president from pardoning people who are guilty of fomenting or participating in an insurrection?
I keep hearing that we are on the edge of a Civil war. And if we can't hold them accountable for starting one, we might as well realize that are arms are being pinned to the wall if the next move is to steal an election.
AZSkiffyGeek
(10,971 posts)Couldn't get the votes in Congress, or enough states to sign on.
brooklynite
(94,333 posts)If we could implement a Constitutional Amendment, I can think of more important ones.
tritsofme
(17,370 posts)But Im sure youre aware the chances that any particular constitutional amendment wins 2/3 in both chambers of Congress and 3/4 of states are not very good.
Baitball Blogger
(46,682 posts)That's what I'm reading. Which means that are arms are, indeed pinned to the wall. Because this will become a major problem for us if Biden doesn't win a second term. At least, with a second term, we're guaranteed that these people will serve at least 6 years in jail before it all gets unraveled.
MineralMan
(146,254 posts)Read how a Constitutional Amendment happens here:
https://www.archives.gov/federal-register/constitution
Now that you have read that, you understand why what you are suggesting cannot happen at this time.
CanonRay
(14,084 posts)Trying to change the Constitution in this current atmosphere would be opening Pandora's box.
Effete Snob
(8,387 posts)Federalist 74
https://avalon.law.yale.edu/18th_century/fed74.asp
The expediency of vesting the power of pardoning in the President has, if I mistake not, been only contested in relation to the crime of treason. This, it has been urged, ought to have depended upon the assent of one, or both, of the branches of the legislative body. I shall not deny that there are strong reasons to be assigned for requiring in this particular the concurrence of that body, or of a part of it. As treason is a crime levelled at the immediate being of the society, when the laws have once ascertained the guilt of the offender, there seems a fitness in referring the expediency of an act of mercy towards him to the judgment of the legislature. And this ought the rather to be the case, as the supposition of the connivance of the Chief Magistrate ought not to be entirely excluded. But there are also strong objections to such a plan. It is not to be doubted, that a single man of prudence and good sense is better fitted, in delicate conjunctures, to balance the motives which may plead for and against the remission of the punishment, than any numerous body whatever. It deserves particular attention, that treason will often be connected with seditions which embrace a large proportion of the community; as lately happened in Massachusetts. In every such case, we might expect to see the representation of the people tainted with the same spirit which had given birth to the offense. And when parties were pretty equally matched, the secret sympathy of the friends and favorers of the condemned person, availing itself of the good-nature and weakness of others, might frequently bestow impunity where the terror of an example was necessary.
On the other hand, when the sedition had proceeded from causes which had inflamed the resentments of the major party, they might often be found obstinate and inexorable, when policy demanded a conduct of forbearance and clemency. But the principal argument for reposing the power of pardoning in this case to the Chief Magistrate is this: in seasons of insurrection or rebellion, there are often critical moments, when a well timed offer of pardon to the insurgents or rebels may restore the tranquillity of the commonwealth; and which, if suffered to pass unimproved, it may never be possible afterwards to recall.
Baitball Blogger
(46,682 posts)sop
(10,100 posts)Prosecuting a few hundred low level foot soldiers for carrying out the attack on the Capitol isn't enough. We can hold the ringleader(s) accountable, we just choose not to. I hope that changes.
Baitball Blogger
(46,682 posts)I am thinking about the near future, if we lose the next election.
sop
(10,100 posts)These traitors can be prosecuted now; it might very well discourage future coup attempts. We just lack the political will to do it (so far).
Baitball Blogger
(46,682 posts)Is it like a complete forgiveness of the crime? As in, do they get to withhold that information when they apply for jobs?
sop
(10,100 posts)and may lessen to some extent the stigma arising from a conviction, but it does not erase or expunge the record of the conviction itself. As for pre-emptive pardons, I don't know.
Baitball Blogger
(46,682 posts)Employers can use their discretion, since an employee with this political background suggests he might not fit in smoothly in a workforce that requires diversity.
madville
(7,404 posts)Should I turn on the news? Are some states about to call up their militia and secede from the Union?
Baitball Blogger
(46,682 posts)Busterscruggs
(448 posts)That there were ammunition shortages. You know those gun humpers weren't planning on shooting up any of our peaceful protests on that big of a scale
spanone
(135,791 posts)ZERO, ZILTCH, NADA