Anonymous ID: e81516 Nov. 26, 2018, 9:01 a.m. No.4036611   🗄️.is 🔗kun   >>6645 >>6667

>>4033011 Anon on the subject of secret pardons

lawfag here

sorry but this is completely off base and incorrect

should be removed from the dough

 

the sauce clearly states the law that pardons CANNOT be limited or reversed or changed by congress - the court states: '[T]he legislature cannot change the effect of such a pardon any more than the executive can change a law"

 

the court language cited below caused the problem and is certainly poorly written and misleading - this part"

READ CAREFULLY

"The Court is required to receive special pardons as evidence of guilt and to treat them as null and void. It is required to disregard pardons granted by proclamation on condition, though the condition has been fulfilled, and to deny them their legal effect. This certainly impairs the executive authority and directs the Court to be instrumental to that end (AND IS THEREFORE NOT CONSTITUTIONAL - LAWFAG ADDS)

 

Here the Court is saying that the Congress is asking the Court to do WHAT IT CANNOT DO - and repeats they (Congress or Courts) cannot change the pardon.

 

THEN the second confusion where the Court states :

On the other hand, Congress itself, under the necessary and proper clause, may enact amnesty laws remitting penalties incurred under the national statutes.

 

THIS refers to Congress authority to pardon or excuse various civil or criminal penalties by statute- a power separate and distinct from the pardon clause. So congress CAN "pardon" crimes/penalties too but CANNOT change a POTUS pardon.