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We the People

Presidential pardons and the rule of law

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 7 September 2017

⏱️ 55 minutes

🧾️ Download transcript

Summary

Brian Kalt and Margaret Love join National Constitution Center president and CEO Jeffrey Rosen in a broad-ranging discussion about the President’s constitutional powers to issue pardons.

Transcript

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0:00.0

I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome to We The People, a weekly show of constitutional debate.

0:11.0

The National Constitution Center is the only

0:13.7

institution in America chartered by Congress to disseminate information

0:18.0

about the US Constitution on a nonpartisan basis. And in this episode we discuss presidential pardons the

0:25.4

Constitution and the rule of law. President Trump recently announced that

0:29.9

he would pardon Sheriff Joe Arpeo an Arizona sheriff who was found guilty of

0:34.8

criminal contempt for his interrogation methods with illegal immigrants. The

0:40.1

pardon sparked a wave of debate over the separation of powers and the Constitution.

0:45.2

Joining us to discuss the constitutional scope of the pardon power are two of America's

0:51.5

leading scholars of the pardon power.

0:53.2

Margaret Love is an attorney who specializes in executive clevency, sentencing, and

0:57.8

corrections policy.

0:59.2

She served as U.S. pardon attorney in the Department of Justice under President's George H.W. Bush and Bill Clinton.

1:06.3

And Brian Kalt is Professor of Law and the Harold Norris faculty scholar at Michigan State University

1:12.0

College of Law.

1:13.0

He's written extensively on presidential pardons and the appointments power,

1:18.0

and he is the author of constitutional cliffhangers,

1:21.0

a legal guide for presidents and their enemies.

1:24.8

Margaret, Brian, thank you so much for joining.

1:27.1

Good to be here.

1:28.2

Thanks for having us.

1:30.1

Let me begin with the crucial question of what the text of the Constitution says about the pardon power and how the framers of the Constitution originally understood it.

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