The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Time to Impeach Yet?
On pardoning the January 6 rioters.
Reading The Debates in the Several State Conventions (as one does), I see the following:
Mr. GEORGE MASON: . . . You will please, says he, to recollect that removal from office, and future disqualification to hold any office, are the only consequences of conviction on impeachment. Now, I conceive that the President ought not to have the power of pardoning, because he may frequently pardon crimes which were advised by himself. It may happen, at some future day, that he will establish a monarchy, and destroy the republic. If he has the power of granting pardons before indictment, or conviction, may he not stop inquiry and prevent detection? The case of treason ought, at least, to be excepted. This is a weighty objection with me.
. . .
Mr. MADISON, adverting to Mr. Mason's objection to the President's power of pardoning, said . . . [t]here is one security in this case to which gentlemen may not have adverted: if the President be connected, in any suspicious manner, with any person, and there be grounds to believe he will shelter him, the House of Representatives can impeach him; they can remove him if found guilty; they can suspend him when suspected, and the power will devolve on the Vice-President. Should he be suspected, also, he may likewise be suspended till he be impeached and removed, and the legislature may make a temporary appointment. This is a great security.
Since "a grave national injustice . . . has been perpetrated upon the American people," is anyone already keeping a list of impeachment-worthy offenses?
