Libby commutation: a constitutional crisis?
Sandy Levinson, in The New Republic:
No one should doubt that we are in a constitutional crisis. And part of the crisis can be found within the Constitution itself. Perhaps it is a good idea that the President can pardon (or commute) convicted criminals. This is the notion that justice should be tempered by mercy. But it is also clear that the pardoning authority can be abused by unscrupulous presidents. Bill Clinton, of course, was roundly criticized for his last-day pardon of Marc Rich, though no one can seriously believe that high issues of the polity were involved. Some attributed it to campaign contributions; others, to the possibility of a "relationship" between the President and Rich's former wife, Denise. As with so much of the Clinton presidency, the act was tawdry but unthreatening to a Republican Form of Government. Mr. Bush's commutation, is such a threat, unless, of course, one defines a "Republican Form of Government" as "Government by the Republican Party." It will be interesting to see if any of those who look to the Founding Generation for wisdom about current realities will give any credence to the timely warnings of Mason and Martin (and others) about the potentially cancerous consequences of the Pardoning Power.
A gift from our President, on this, the 231st anniversary of the signing of the Declaration of Independence. Thank you, Mr. President.
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