Are the strict constitutionalists on the Supreme Court forced to disallow Trump from granting himself a pardon?
I came across this article, which makes a pretty good case that at the time the Constitution was written, it was grammatically impossible for a person to grant themselves a pardon.
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3 Answers
What they are allowed or not allowed is by law.
My understanding is that even IF he does pardon himself that will only protect him from Federal charges & he can still be prosecuted by the states such as NY is working on now. He may well be facing financial ruin as well.
All Supreme Court justices are “strict constitutionalists”. But they differ in opinion.
But Originalists only seem to adhere to what the “original intent” was when it supports their current position, but not when it would contradict their conservative thinking. Citizens United could no way be interpreted in an originalist manner. Same with many of the Second Amendment cases.
Brett Kavanagh believes in the Unitary Executive, that a Republican President (certainly not Obama) can do no wrong or break any law.
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