The Toussie Pardon, “Unpardon,” and the Abdication of Responsibility in Clemency Cases

Crouch, Jeffrey

doi:10.1080/07343469.2010.542584

Cited by 4 publications

(2 citation statements)

References 37 publications

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“…There have been a number of potential negative consequences associated with clemency subject to subsequent review and nullification. Crouch has argued that “once granted, a pardon should remain effective, and not subject to ‘unpardoning,’” and that the finality of clemency is necessary to allowing the public to move past controversial pardons, to maintaining presidential confidence in their decisions, and for providing certainty to recipients (, 85–86). Yet, there is some degree of uncertainty with presidential pardons as they currently exist, in no small part because controversial clemency is sometimes followed by legal challenges.…”

Section: Constitutionalized Prerogativementioning

confidence: 99%

Constitutionalized Prerogative and the Pardon Power

Abshire¹

2019

Pres Stud Q

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Scholars continue to debate whether Lockean prerogative is better understood as operating within the constitutional framework, as constitutionalists would argue, or outside of it, as the extraconstitutionalists would argue. However, this debate has largely taken place in the abstract, with few concrete examples of prerogative brought to bear in the analysis. In this article, I utilize the presidential pardon power as a means to scrutinize the ongoing debate; in particular, I review the development and utilization of the pardon power since the founding of the United States and the more recent allegations of abuse and limitations on restraint. I argue that the pardon power is an explicit example of the constitutionalist understanding of prerogative and that, as such, the extraconstitutionalist view of prerogative is preferable.

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Section: Constitutionalized Prerogativementioning

confidence: 99%

Constitutionalized Prerogative and the Pardon Power

Abshire¹

2019

Pres Stud Q

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“…Fellow journalist Dafna Linzer has authored or coauthored several articles containing groundbreaking research on who actually receives clemency (Linzer ; Linzer and LaFleur ). Among political scientists, Jeffrey Crouch (Crouch ) and P. S. Ruckman Jr. (Ruckman ) have added to the clemency corpus through published scholarly work, while Ruckman Jr. also edits Pardon Power , a blog focused on daily news related to state, federal, and international clemency (http://www.pardonpower.com/).…”

Section: Literature Reviewmentioning

confidence: 99%

The Law Barack Obama and the Clemency Power: Real Reform on the Way?

Crouch

2015

Pres Stud Q

Self Cite

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On February 9, 2014, the New York Times editorial board described the Obama administration as “one of the least merciful … in modern history.” Over the past year and a half, President Barack Obama has shown renewed interest in clemency. However, as of July 13, 2015, real reform remains elusive: Obama has granted less than 1% of pardon and commutation requests. Is anything likely to change in the remaining months of the Obama administration? In this article, I look for hints of Obama's plans by considering his clemency record in detail, paying particular attention to the types of offenses that have been deemed worthy of clemency and those that have not.

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President Donald J. Trump and the Clemency Power: Is Claiming “Unfair” Treatment for Pardon Recipients the New “Fake News”?

Crouch

2019

Presidential Leadership and the Trump Presidency

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The Toussie Pardon, “Unpardon,” and the Abdication of Responsibility in Clemency Cases

Cited by 4 publications

References 37 publications

Constitutionalized Prerogative and the Pardon Power

Constitutionalized Prerogative and the Pardon Power

The Law Barack Obama and the Clemency Power: Real Reform on the Way?

President Donald J. Trump and the Clemency Power: Is Claiming “Unfair” Treatment for Pardon Recipients the New “Fake News”?

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