berg80
Diamond Member
- Oct 28, 2017
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Repairing the Rule of Law: An Agenda for Post-Trump Reform
-Pardon reform. There can be little doubt of two things. First, as currently constructed, the president’s pardon power is nearly absolute. Second, President Trump’s use of the pardon power has transgressed the Founders’ expectations. Indeed, the idea that a president might pardon his own criminal confederates (as is arguably the case with Roger Stone) is exactly why George Mason opposed the pardon power altogether. At some point, Congress might give serious consideration to a constitutional amendment that, for example, makes pardons illegal for individuals personally known to the president and makes the misuse of the power judicially reviewable.Repairing the Rule of Law: An Agenda for Post-Trump Reform
What should be done in a post-Trump world to restore the rule of law?
This article was written near the end of trump 1.0. Nothing has come of it. A fact that's proven to be a colossal mistake. Perhaps excused by the belief trump's political career was over after he launched a failed plot to overturn the 2020 election.
Clearly, as evidenced by events that have taken place during trump 2.0, the prez's absolute pardon power either needs dramatic reform or a constitutional amendment to end it. It isn't the only thing badly in need of reform. The most important among them, IMO, being........
-Reform of the Federal Vacancies Reform Act to prevent perpetual “acting” appointments.
Redefining “emergency” authority to limit such declarations generally.
-Enhanced inspectors general protection.
-Overturn Franklin v. Massachusetts.
-Define emoluments violations and create a right of action.
-Expediting judicial review of congressional demands for records in relation to oversight and impeachment.
