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mahatmakanejeeves

(70,079 posts)
Sat Apr 11, 2026, 02:23 PM 14 hrs ago

"No amount of exaggeration about the pardon power can overcome the express mandate to the President in Art II, Sec 3."

Reposted by Kevin M. Kruse
https://bsky.app/profile/kevinmkruse.bsky.social

Holly Brewer
‪@earlymodjustice.bsky.social‬

This is a case I would love to see argued.
It’s a fundamental tension in the constitution with regard to presidential power.
Whether the pardoning power would lead to presidential corruption, and how it could be/would be limited in practice— was debated at the const. conv. & during ratification.

‪Max Kennerly‬
‪@maxkennerly.bsky.social‬
· 17h
None of these would be valid. No amount of exaggeration about the pardon power can overcome the express mandate to the President in Art II, Sec 3: "He shall take Care that the Laws be faithfully executed." He can't pardon people for breaking the law on his behalf. Contrary arguments are invalid.
https://www.wsj.com/politics/policy/trump-promises-mass-pardons-to-staff-before-leaving-office-d7274d32
www.wsj.com
8:20 AM · Apr 11, 2026

This is a case I would love to see argued.
It’s a fundamental tension in the constitution with regard to presidential power.
Whether the pardoning power would lead to presidential corruption, and how it could be/would be limited in practice— was debated at the const. conv. & during ratification.

Holly Brewer (@earlymodjustice.bsky.social) 2026-04-11T12:20:29.609Z


Max Kennerly
‪@maxkennerly.bsky.social‬

None of these would be valid. No amount of exaggeration about the pardon power can overcome the express mandate to the President in Art II, Sec 3: "He shall take Care that the Laws be faithfully executed." He can't pardon people for breaking the law on his behalf. Contrary arguments are invalid.
https://www.wsj.com/politics/policy/trump-promises-mass-pardons-to-staff-before-leaving-office-d7274d32
www.wsj.com
8:49 PM · Apr 10, 2026

None of these would be valid. No amount of exaggeration about the pardon power can overcome the express mandate to the President in Art II, Sec 3: "He shall take Care that the Laws be faithfully executed." He can't pardon people for breaking the law on his behalf. Contrary arguments are invalid.

Max Kennerly (@maxkennerly.bsky.social) 2026-04-11T00:49:46.882Z
4 replies = new reply since forum marked as read
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"No amount of exaggeration about the pardon power can overcome the express mandate to the President in Art II, Sec 3." (Original Post) mahatmakanejeeves 14 hrs ago OP
That's a heavy hitter. bucolic_frolic 13 hrs ago #1
I would wonder if cases could be argued about pardons given by a president whom was mentally impaired Cheezoholic 13 hrs ago #2
i mean, he tried to make the case mopinko 13 hrs ago #3
I wouldn't want to argue that before this SCOTUS... regnaD kciN 13 hrs ago #4

bucolic_frolic

(55,326 posts)
1. That's a heavy hitter.
Sat Apr 11, 2026, 02:32 PM
13 hrs ago

Could it invalidate pardons already given? It strikes straight to the ethics and even morality of presidential duty and the law.

Of course it will be 15 years too late to do anything about the current mess.

Cheezoholic

(3,764 posts)
2. I would wonder if cases could be argued about pardons given by a president whom was mentally impaired
Sat Apr 11, 2026, 02:42 PM
13 hrs ago

Because this one DEFINITELY is.

mopinko

(73,768 posts)
3. i mean, he tried to make the case
Sat Apr 11, 2026, 02:50 PM
13 hrs ago

that biden’s pardons on the way out were invalid for that very reason. that and the ‘autopen’.

regnaD kciN

(27,663 posts)
4. I wouldn't want to argue that before this SCOTUS...
Sat Apr 11, 2026, 03:09 PM
13 hrs ago

…because they likely would not only uphold the absolute right of the president to pardon whoever he wanted, but would probably also rule that the use of the masculine pronoun in that passage meant that the POTUS had to be male.

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