SB 2018-167: Reforming Presidential Pardons Amendment (Passed)

[Unconditional Surrender Truman]

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If the sponsor does not mind my asking, why is the bolded text an insufficient precaution against executive abuse of the pardon?

Personally, and with greatest respect to Lumine, I think this is a terrible idea—far preferable to abolish the pardon outright than to subject it to legislative confirmation (I'm not at all comfortable with the legislature deciding who should be excused for breaking their laws)—but I have no illusions as to my ability to persuade the Senate on that point.

[Unconditional Surrender Truman]

You must be logged in to read this quote.

If the sponsor does not mind my asking, why is the bolded text an insufficient precaution against executive abuse of the pardon?

Personally, and with greatest respect to Lumine, I think this is a terrible idea—far preferable to abolish the pardon outright than to subject it to legislative confirmation (I'm not at all comfortable with the legislature deciding who should be excused for breaking their laws)—but I have no illusions as to my ability to persuade the Senate on that point.

I did toy with the idea of ending the pardon power, as I've never liked it all. Indeed, I find unnecessary, questionable meddling of the Executive on Judicial matters. However, pardons may also serve a purpose in rather extraordinary situations, which is why I settled on leaving but increasing regulation so both the President and Congress have a role in the matter (a larger role in the case of the Senate, which already has oversight powers over the Executive on matters such as confirmations).

Myself I'm not sold on the 2/3 vote for rescinding a pardon, at it would take for uphold a questionable (and deeply politically motivated) pardon would be for a minority of Congress to block an attempt to rescind, and a President with enough pull among his Congressional delegation might find it possible to pardon himself successfully in a highly partisan environment. The idea doesn't seem all that plausible right now, but then again, with the past crisis in 2014-2015 I'd very much prefer to cover hypothetical ground to be safe.

I suppose I see your argument, even if I disagree with your conclusions (in my time in Atlasia, at least, the threat of an "imperial presidency" has not been the main threat to the system of checks and balances so much as the legislature usurping executive powers). I'm not sure how bringing Congress into this solves anything, though; if we're so concerned with the executive meddling in judicial affairs, surely the solution is not to add Congress to the list of meddlers?