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Thread: A Constitutional loophole.

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    A Constitutional loophole.

    A while back, President of the United States of America gave the talking heads and the news media something to fill time and space. He stated that he could pardon himself.

    In fact, the Constitution is entirely silent with regard to the presidential pardon except for establishing it. The sole remedy for the misuse of the pardon is impeachment.

    So ... If we have a would-be dictator in the White House and his/her party is willing to go along and holds a majority of the seats in the Senate, there is no remedy.

    The founders seem, even given their mistrust of democracy, to have let one slip by here.
    "And gladly wolde he lerne and gladly teche." Chaucer, the Canterbury Tales.

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    Re: A Constitutional loophole.

    The Presidential pardon was placed in the Constitution to proved a check and balance on the Judicial system. Can the President pardon himself, I have to say no he can not, because then he would be acting as his own judge, thereby creating a conflict of interest. Even if he tried to do this I think that impeachment articles would be fast coming.
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    Re: A Constitutional loophole.

    Quote Originally Posted by Torus34 View Post
    A while back, President of the United States of America gave the talking heads and the news media something to fill time and space. He stated that he could pardon himself.

    In fact, the Constitution is entirely silent with regard to the presidential pardon except for establishing it. The sole remedy for the misuse of the pardon is impeachment.

    So ... If we have a would-be dictator in the White House and his/her party is willing to go along and holds a majority of the seats in the Senate, there is no remedy.

    The founders seem, even given their mistrust of democracy, to have let one slip by here.
    Sure there's a remedy. There's an election every four years.
    The only reason to be anti-libertarian is there are people you want to control that you wouldn't be able to.

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    Re: A Constitutional loophole.

    Quote Originally Posted by Harshaw View Post
    Sure there's a remedy. There's an election every four years.
    You're intentionally being a smart ass. If on the first day of a new presidential term a president decides to completely ignore the law and the Constitution and his party blocks any attempt to impeach him, there absolutely is no remedy during those 4 years.

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    Re: A Constitutional loophole.

    Quote Originally Posted by RabidAlpaca View Post
    You're intentionally being a smart ass.
    No, I'm quite literally pointing out what the mechanism is, something anybody who's spent any time studying the Constitution knows, because it's just about the first thing you learn.

    That you don't think the remedy is quick enough doesn't mean it's not the remedy, and it doesn't mean I'm being a smartass. The entire reason there are set terms in the first place is to give the opportunity to vote someone out periodically if people don't like what they're doing with the office.

    There are also Congressional elections every two years, and an opportunity to remake the Senate.

    Your personal impatience is really neither here nor there.
    The only reason to be anti-libertarian is there are people you want to control that you wouldn't be able to.

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    Re: A Constitutional loophole.

    Quote Originally Posted by Harshaw View Post
    No, I'm quite literally pointing out what the mechanism is, something anybody who's spent any time studying the Constitution knows, because it's just about the first thing you learn.
    ..

    Your personal impatience is really neither here nor there.
    I stopped reading after the first sentence because you did it again. You know the OP didn't mean that nothing could be done for all of eternity, until the end of time, when the last star burns out. He obviously meant during a presidential term and you know that, you're just trying to make dumbass arguments to distract from the OP's topic.

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    Re: A Constitutional loophole.

    Quote Originally Posted by RabidAlpaca View Post
    You're intentionally being a smart ass. If on the first day of a new presidential term a president decides to completely ignore the law and the Constitution and his party blocks any attempt to impeach him, there absolutely is no remedy during those 4 years.
    If that's true, then we have given the executive branch too much power, and it's time to go back to the balance of powers outlined in the Constitution.
    The above post is a reflection of my great and unmatched wisdom. Please revere it.

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    Re: A Constitutional loophole.

    Quote Originally Posted by RabidAlpaca View Post
    I stopped reading after the first sentence because you did it again. You know the OP didn't mean that nothing could be done for all of eternity, until the end of time, when the last star burns out. He obviously meant during a presidential term and you know that
    No, I don't know that at all, and neither do you.


    you're just trying to make dumbass arguments to distract from the OP's topic.
    I see the constant rage still seethes through you.
    The only reason to be anti-libertarian is there are people you want to control that you wouldn't be able to.

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    Re: A Constitutional loophole.

    Quote Originally Posted by Dittohead not! View Post
    If that's true, then we have given the executive branch too much power, and it's time to go back to the balance of powers outlined in the Constitution.
    Yeah. But no one wants to hear about that when their own party holds the White House, or even seriously think about it when the other party does, because it'll strip their next President from doing what they want.
    The only reason to be anti-libertarian is there are people you want to control that you wouldn't be able to.

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    Re: A Constitutional loophole.

    Quote Originally Posted by Harshaw View Post
    No, I don't know that at all, and neither do you.
    I see the constant rage still seethes through you.
    Ok, let's go with your argument that he literally meant until the end of time. So the president says he doesn't think the last election was legitimate and tells his government to keep operating while he "investigates". This is illegal and unconstitutional. If his own party won't impeach him, who's going to stop him? Be specific. Your buds with your rifles right?

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