Blanket clemency

Discussion in 'Immigration/Illegal Immigration' started by Agit8r, Mar 19, 2016.

  1. Agit8r
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    Agit8r Gold Member

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    Pardon - Wikipedia, the free encyclopedia

    Will be interesting to see if this happens before or after the election. Bucket!
     
  2. Liquid Reigns
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    Liquid Reigns Silver Member

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    Amnesty used in this since isn't granting illegal immigrants amnesty. Congress has full control and authorization regarding immigrants, both legal and illegal. Article I, Section 8, clause 4
     
  3. Agit8r
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    Agit8r Gold Member

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    Either its a crime or it isn't. Can't have it both ways :p
     
  4. Liquid Reigns
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    Liquid Reigns Silver Member

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    EWI is a crime, overstaying your visa isn't, unless you have an order of deportation against you. Only Congress has control over immigration, legal or illegal. All petitions/pardons/amnesties/etc are done as individual requests directly addressed to the President. Read your fucking link.
    DACA/PACA was done through policy interpretation via USCIS and is being challenged in Federal Court right now to which there has been a halt upon granting new DACA/PACA applicants.
     
  5. Agit8r
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    Agit8r Gold Member

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    Congress is granted the exclusive power of raising an Army, yes?
     
  6. Liquid Reigns
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    Liquid Reigns Silver Member

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    Are you going to now claim "police actions" are "formal war declarations" granted from Congress?
     
  7. Agit8r
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    Agit8r Gold Member

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    No, just noting that Carter granted blanket clemency to draft dodgers.
     
  8. Liquid Reigns
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    Carter didn't grant a blanket clemency, he offered pardons to draft dodgers. Each individual had to submit a letter to the President requesting the pardon. Do you really think the President has the authority to grant amnesty to illegal immigrants?
     
  9. Agit8r
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    Regardless of the details, it speaks to the ability of the president to grant such a pardon. It is not exclusively a role for congress.
     
  10. Agit8r
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    Another exceptional use of the pardon power in the 1970's

    "It is believed that a trial of Richard Nixon, if it became necessary, could not fairly begin until a year or more has elapsed. In the meantime, the tranquility to which this nation has been restored by the events of recent weeks could be irreparably lost...
    Therefore, I, Gerald R. Ford,
    President of the United States, pursuant to the pardon power conferred upon me by Article II, Section 2, of the Constitution, have granted and by these presents do grant a full, free, and absolute pardon unto Richard Nixon for all offenses against the United States which he, Richard Nixon, has committed or may have committed"

    It would seem that clemency can be granted in a blanket fashion. And clemency can be granted for offenses that the person has not been yet charged with, so long as it tends to the restoration or maintenance of domestic tranquility. Precedent seems to cover all the bases.
     

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