Coming Around to Amending the Pardon Power

For what I think are essentially good reasons, I am dispositionally opposed both to constitutional amendments that react to contemporary controversies and to proposed reforms of the pardon power that seek to prevent abuse at the cost of its availability in cases of genuine need. But we also have a history of amendments—most clearly the 13th, 14th and 15th—that are motivated by the original ideals of the regime. Moreover, constitutional conservatism calls for prudence, not obstinacy.  In light of recent events—along with the memory of Bill Clinton’s midnight pardons—I’m coming around to Keith Whittington’s position, articulated here, that an amendment to reform … Continue reading Coming Around to Amending the Pardon Power