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Regarding President Donald Trump’s blanket pre-emptive pardon of everyone who joined him in whining about the 2020 election: What will it take for Americans to recognize this egregious mistake in our Constitution? The founders ardently professed their aversion to monarchy but were confounded by the problem of a safety valve for criminal justice. Yes, of course, every nation needs some way to override the system in unique cases, where even due process fails. The colonists were British, and they instinctively reverted to their own heritage: the king’s ancient “prerogative of mercy.”
But in a democracy? It was hard to defend even in 1788. Alexander Hamilton tried, arguing (in Federalist No. 74) that mercy should be dispensed by the president alone because “[t]he reflection that the fate of a fellow-creature depended on his sole fiat, would naturally inspire scrupulousness and caution; the dread of being accused of weakness or connivance, would beget equal circumspection ... .” Translation: The president would always use his power with caution because he would his value his reputation for goodness.
Yes, this was the entire rationale for the presidential pardon. It was, even then, a facile vestige of the medieval world. Now, it’s beyond ludicrous. And it has afforded the current president a critical tool in his effort to accrue more power than King George III ever enjoyed.
As a practical matter, we can’t change the Constitution (another big mistake). But we can, and must, change our dormant Congress — and then explore constitutional mechanisms to constrain this invidious power.
Stephen Bubul, Minneapolis
THC PRODUCTS
Hey, we can protect kids after all
I nearly spit my coffee on the paper Friday morning. U.S. Sen. Mitch McConnell and the rest of the Senate Republicans passed a ban on most THC products. The main argument for this appears to be that some kids have gotten sick after accidentally ingesting THC edibles.