In a perfect system, the pardon is meant to be a “check” on the powers of the other branches. (Legislative and judicial). Each branch is meant to both support AND check the others.
Obviously we are watching it all unwind. Certain things were a “gentleman’s agreement” in that a president normally wouldn’t over do it and just pardon tons of people. We are finding out lots of things were just assumed to be ok, but are easily abused by bad actors
That kinda makes sense, but aren’t some of your top judges appointed by the president. Which would mean the office of the president automatically has 2/3 of the things under their control.
Similarly McConnell holding up supreme court nominee hearings for months, the way he did represents the erosion of another “gentleman’s agreement” between the branches of government.
Just FYI this is not just an American thing. In Italy for example the President of the republic can cancel or amend sentences too, and it does happen relatively often, although not in the same partisan way as in the US (but that’s also because the president in Italy is a neutral and representative position).
Could someone explain like to an non American why the president gets to pardon people at all?
If someone committed a crime they’re guilty, if there’s new evidence that they’re not guilty then that’s what appeals are for.
In a perfect system, the pardon is meant to be a “check” on the powers of the other branches. (Legislative and judicial). Each branch is meant to both support AND check the others.
Obviously we are watching it all unwind. Certain things were a “gentleman’s agreement” in that a president normally wouldn’t over do it and just pardon tons of people. We are finding out lots of things were just assumed to be ok, but are easily abused by bad actors
That kinda makes sense, but aren’t some of your top judges appointed by the president. Which would mean the office of the president automatically has 2/3 of the things under their control.
Yeah the number of pardons Biden performed raised the bar like crazy.
Between Biden and trump we are in a new era.
Similarly McConnell holding up supreme court nominee hearings for months, the way he did represents the erosion of another “gentleman’s agreement” between the branches of government.
Just FYI this is not just an American thing. In Italy for example the President of the republic can cancel or amend sentences too, and it does happen relatively often, although not in the same partisan way as in the US (but that’s also because the president in Italy is a neutral and representative position).
Some example from few years ago when the president graced 33 people (each with a specific articulated motivation) https://www.ilpost.it/2021/12/10/mattarella-grazia-sette-persone-sebastian-oberleteir-heinrich/ (in Italian, but you can translate if you wish).