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intrepidity

(7,294 posts)
Sat Jul 11, 2020, 05:02 PM Jul 2020

WTF did James Madison mean??

From this article discussing presidential pardon power:

https://www.theatlantic.com/politics/archive/2020/07/trump-commutes-roger-stone-sentence/606877/

(Nadler) told me a story about the 1788 convention where Virginia decided to ratify the Constitution. The delegates were discussing the pardon power when one of them suggested that it was too broad and should be narrowed. “What if the president engaged in a criminal conspiracy and pardoned his co-conspirators?” the delegate asked, according to Nadler. “And James Madison answered, ‘Well, that could never happen, because a president who did that would be instantly impeached.’”

Even if a president *were* impeached for doing so, it wouldn't revoke the pardon. Did Madison really say this? Was he really that naive? And "instantly" no less. He couldn't have actually said this.

Any insights, please?
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Laelth

(32,017 posts)
1. The founders assumed the impeachment power would be much stronger.
Sat Jul 11, 2020, 05:09 PM
Jul 2020

Historically, it has been a complete failure. Only three Presidents have been impeached, and none of them were removed from office by the Senate.

I don’t know whether or not Madison said what is alleged above, but I can easily imagine him thinking that impeachment would serve as a deterrent to presidential misconduct.

-Laelth

Response to Laelth (Reply #1)

unblock

(52,199 posts)
4. well, it did get rid of nixon.
Sat Jul 11, 2020, 05:48 PM
Jul 2020

true, nixon didn't stick around to be formally impeached and removed, but he only resigned after being told (importantly, by senators from his own party) that that was his imminent fate.

surely nixon would have served out his second term in full were it not for the power of impeachment.

hlthe2b

(102,227 posts)
3. He (wrongly) assumed that looming impeachment would be a deterrent to Presidents corrupting pardon
Sat Jul 11, 2020, 05:29 PM
Jul 2020

and commutation system.

Yes, he did say it. He wasn't implying that impeachment would revoke a corrupt pardon, but rather that Presidents would be deterred from doing so in the first place.

Madison, for all his imagination, did not anticipate an entire enabling corrupt political party like today's Republicans.

unblock

(52,199 posts)
5. truth is, they were revolutionaries.
Sat Jul 11, 2020, 05:52 PM
Jul 2020

they understood that no government is perfect and they couldn't anticipate or prevent every manner of corruption.

for the most part, the separation of powers concept has served us pretty well, and party unity usually didn't allow really egregious corruption until donnie.

but then, they figured that revolution was the ultimate plan b.

abqtommy

(14,118 posts)
6. Don't forget that tRUMP doesn't operate in a vacuum. He's a product of the corrupt reTHUGS,
Sat Jul 11, 2020, 06:47 PM
Jul 2020

cultists and sPUTIN. Who woulda thunk there'd be so much corruption around?

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