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35 Wayne L. Rev. 1113 (1988-1989)
Presidential Pardons and Accountability in the Executive Branch

handle is hein.journals/waynlr35 and id is 1125 raw text is: COMMENTARY PRESIDENTIAL PARDONS AND ACCOUNTABILITY IN THE EXECUTIVE BRANCH Christopher E. Smitht Scott P. Johnsontt I. INTRODUCTION The United States Constitution provides the President with Power to grant Reprieves and Pardons for Offences against the United States except in Cases of Impeachment.' Edward Corwin, in his classic work on the President's constitutional powers, noted Blackstone's warning that in democracies ... this power of pardon can never subsist.'2 According to Corwin,3 the framers of the Constitution ignored Blackstone's warning because they be- lieved that they were granting the President a necessary power to quell potential rebellions.4 Although George Mason raised concerns about possible abuses of the pardon power to cover criminal t Assistant Professor of Political Science, University of Akron; A.B. Harvard University, 1980; M.Sc., University of Bristol (England), 1981; J.D., University of Tennessee, 1984; Ph.D., University of Connecticut, 1988. tt Graduate Research Assistant, Department of Political Science, Univer- sity of Akron; B.A., Youngstown State University, 1987; M.A. candidate, Uni- versity of Akron, degree expected 1990. 1. U.S. CONST. art. II, � 2, cl. 1. 2. E. CORWiN, THE PRESmENT: OrTICE AND PowERs, 1787-1984 181 (5th rev. ed. 1984). 3. Id. 4. Alexander Hamilton, in TbE FEDERALIST No. 74, argued that the principal argument for reposing the power of pardoning . . . in [the President] is this-In seasons of insurrection or rebellion, there are often critical moments, when a well-timed offer of pardon to the insurgents or rebels may restore the tranquility of the commonwealth. TnE FEDERALIST No. 74, at 502 (A. Hamilton) (J. Cooke ed. 1961). 1113