Presidential pardon changes

[ThisIsMe]

There seems to be some disagreement on this point:

Has SCOTUS ever ruled on the Constitutionality of a Presidential pardon? If not, it should. This could be done by the DOJ charging someone who has been given a blanket pardon with a specific crime. The defendant would claim immunity, but this could be appealed all the way up.

Well, we do know it can only be used for offenses against the united states. The idea that you can just pardon anyone for any ordinary crime , is wrong, from how the cotus reads

 

[jwoodie]

The case mentioned in your previous post basically said there are no limits.

The case said there are no statutory limits. It did not say that there are no judicial limits (e.g., future crimes). As far as I know, SCOTUS has not defined "Offenses against the United States" other than violations of federal law. Since a pardon carries an imputation of guilt*, how can it be applied to an unspecified crime? I think SCOTUS needs to (and will) address this question.

*Burdick v. United States, 236 US 79 (1915)

 

[NetJedi]

You provided nothing more than a case name (twice), and forgot to mention that it was about a commutation, not a pardon.

Doesn't matter, the authority for Presidential Pardon and/or Commutation is derived from the same clause in the Constitution, you'd understand that if you'd read the decision instead of being singularly focused on the facts of the case, or were you expecting me to do that for you too?

Ciao.

 

[Admiral Rockwell Tory]

The case said there are no statutory limits. It did not say that there are no judicial limits (e.g., future crimes). As far as I know, SCOTUS has not defined "Offenses against the United States" other than violations of federal law. Since a pardon carries an imputation of guilt*, how can it be applied to an unspecified crime? I think SCOTUS needs to (and will) address this question.

*Burdick v. United States, 236 US 79 (1915)

Maybe it's because "offenses against the United States is broad enough to cover everything? It doesn't matter what you think, unless you are the one filing to suit.

 

[jwoodie]

Doesn't matter, the authority for Presidential Pardon and/or Commutation is derived from the same clause in the Constitution, you'd understand that if you'd read the decision instead of being singularly focused on the facts of the case

That answer would get you an "F" in law school.