George Mason complained that giving the president the power to pardon was a bad idea because he could pardon guilty people with whom he was in cahoots, his friends or relatives, or even himself.
He made these and other complaints while the convention was wrapping up in Philadelphia, the final draft had been accepted, and people were getting ready to sign the new Constitution and go home.
Nothing was done about any of them.
Everybody was sick of it, all the deals and compromises had been made, and it was time to get out and get on with life.
Looking back, we have to wonder whether we have to agree that, as written, the president can pardon guilty people with whom he is in cahoots, his friends or relatives, or even himself.
And we have to regret the Framers never took the time to expressly rule out at least self pardons, and nor did anyone add such a provision to the initial list of amendments that became the Bill of Rights.
Perhaps this is one of the times we would want the Supremes to step in with a more creative spirit than usual, if the matter does arise, the spirit of The Living Constitution.
Ratification, Pauline Maier.
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