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Yet, save for cases of impeachment, all calls for restrictions were rejected.
The Constitution restricts the president's use of the pardon in only one instance, cases of impeachment.
3, of the original constitution, that the trial of all crimes, except in cases of impeachment, shall be by jury.
The exception from the President's pardon authority of cases of impeachment was a separate determination by the Framers that executive clemency should not be available in such cases.
For example, the Constitution confers upon the President the "Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment". U.S.Const., Art.
Accordingly, the Constitution simply provides that the President "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment" (Article II, section 2).
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Let us disregard the outside influences and do our constitutional responsibility, which is to present the case of impeachment, and, if a majority of the members, by their own consciences, wish to vote for or against that issue of impeachment, let them cast their votes without pressure -- without pressure from the majority, without pressure from the minority, without pressure from the White House.
No person shall be subject, except in case of impeachment, to more than one trial, or one punishment for the same offence, nor shall be compelled in any criminal case, to be a witness against himself, nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use without just compensation.
Moreover, the Constitution explicitly bestows on Congress not the judiciary the power to try the president for criminal wrongdoing in the case of impeachment.
Nor does it follow that, in cases of Presidential impeachment, the Justices ought to abandon their Constitutional responsibilities because the Senate has precipitated a crisis.
So it's telling that in the penultimate chapter of The Case For Impeachment, Lichtman opts out of shaking the pom-poms for impeachment.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com