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Re: [USA] Ichigo5Kurosaki v. Presidential Pardon Power

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KOTwarrior is not online. KOTwarrior
Joined: 13 Jun 2012
Total Posts: 4376
17 Aug 2015 01:20 PM
From the Office of the Solicitor General
Case Brief by the United States

Ichigo5Kurosaki v. Presidential Pardon Power

I - Statement of Facts

The case filed here against the United States, and the Constitutional power to grant pardons and reprieves is in itself poorly misguided. The claimant attempts to induce the nullification of a Constitutionally granted power altogether. Under the Constitution, the power to grant pardons is clearly cited under Article II, Section II.

The power defined there voices no constraints in the exercise of the amnesty, or other alternative form of pardon. The U.S. Supreme Court case, Ex parte Garland, establishes binding precedent which clearly allows for pre-conviction pardons.

A second interpretation by the U.S. Supreme Court, United States v. Klein, also establishes the power of Presidential amnesty, and says the pardon power is a fundamental power of the Presidency.

II - Counterargument

The claimant imposes rhetoric which indicates that the power is not Constitutionally granted, however that claim has been disregarded in Section I, Paragraph II of the facts. The claimant also attempts to provide that not all interpretations in real life, are adopted here; in response to that, the text is the same as the real life Constitution, so why would that interpretation be ignored?

This case is unnecessary in the beginning, but if a ruling is to be made upon it, the powers of the President should be reaffirmed, and re-asserted. The Presidential pardon power is unrestricted, and should not be by any power.



- (P) U.S. Solicitor General, KOTwarrior
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david6006 is not online. david6006
Joined: 18 Mar 2009
Total Posts: 37538
17 Aug 2015 01:22 PM
why not just give every citizen amnesty power
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Fauxtillion is not online. Fauxtillion
Joined: 02 Oct 2010
Total Posts: 45870
17 Aug 2015 01:25 PM
how about an independent pardon/amnesty office (like irl) which reviews and processes requests for pardons and forwards those eligible to the president for approval
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KOTwarrior is not online. KOTwarrior
Joined: 13 Jun 2012
Total Posts: 4376
17 Aug 2015 01:28 PM
@faux;

Well, we do have a Pardon Attorney, but the position has been made into a Presidential aide, rather than an office head. We are working on getting the system for executive clemency requests up and running, so don't worry about that.

- (P) U.S. Solicitor General, KOTwarrior
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Fauxtillion is not online. Fauxtillion
Joined: 02 Oct 2010
Total Posts: 45870
17 Aug 2015 03:45 PM
it's useless if the president can just up and pardon anyone he wants
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