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The Presidential Pardon Power

by Jeffrey P. Crouch (Author)

4.8 6 ratings

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Until President Gerald Ford pardoned former president Richard Nixon for the Watergate scandal, most members of the public probably paid little attention to the president’s use of the clemency power. Ford’s highly controversial pardon of Nixon, however, ignited such a firestorm of protest that, fairly or unfairly, it may have cost him the presidency in 1976. Ever since, presidential pardons have been the subject of increased scrutiny and the focus of news media with a voracious appetite for scandal.

This first book-length treatment of presidential pardons in twenty years updates the clemency controversy to consider its more recent uses—or misuses. Blending history, law, and politics into a seamless narrative, Jeffrey Crouch provides a close look at the application and scrutiny of this power. His book is a virtual primer on the subject, covering all facets from its background in English law to current applications.

Crouch considers the framers’ vision of how clemency would fit into the separation of powers as an “act of grace” or a check on injustice, then explains how the president and Congress have struggled for supremacy over the pardon power, with the Supreme Court generally deferring to the executive branch’s desire for its broadest possible application. Before the modern era, presidents rarely interfered in the justice system to protect aides from prosecution, and Crouch examines some of the more controversial pardons in our history, from the Whiskey rebels to Jimmy Hoffa. In the wake of Watergate, he shows, the use of presidential pardons has become more controversial.

Crouch assesses whether independent counsel investigations and special prosecutors have prompted the executive to use the pardon as a weapon in interbranch political warfare. He argues that the clemency power has been misused by recent presidents, who have used it to protect themselves or their subordinates, or to reward supporters. And although he concedes that Ford’s pardon of Nixon reflected the framers’ concerns about preserving government in a time of crisis, he argues that more recent cases involving the Iran-Contra conspirators, commodities trader Marc Rich, and vice-presidential chief-of-staff “Scooter” Libby have demonstrated a disturbing misapplication of power.

In fleshing out these misuses of clemency, Crouch weighs the pros and cons of proposed amendments to the pardon power, one of the few powers that are virtually unlimited in the Constitution. The Presidential Pardon Power takes up a key issue in debates over the imperial presidency and urges that public and scholars alike pay closer attention to a dangerous trend.

ISBN-10

9780700616466
ISBN-13

978-0700616466
Publisher

University Press of Kansas
Publication date

2009
May 26
Language

EN
English
Dimensions

6.3 x 0.8 x 9.5
inches
Length

216
Pages
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Editorial Reviews

Review

"Thoughtful and thorough ... makes a compelling argument for a change in a constitutionally granted power with excellent depth and well-chosen case studies." --The American Review of Politics

"Professor Crouch's work is so valuable, timely, and well written, it is difﬁcult to ﬁnd anything about which to be highly critical." --Congress & the Presidency

" Crouch's analysis contains several provocative claims ... an accessible, wide-ranging discussion of an important aspect of presidential power." --Law and Politics Book Review

"Crouch ... persuasively argues that recent examples of the clemency power as exercised by George H.W. Bush, Bill Clinton, and George W. Bush were misuses of the power and worthy of sharp criticism. ... Recommended." --Choice

"In an era when the president's constitutional powers are ever more important, it is an anomaly that the pardon power has been so little analyzed. With clarity and insight, Crouch resolves that anomaly in this important new book.... A must-have for those who study the presidency and the Constitution."--Robert J. Spitzer, author of Saving the Constitution from Lawyers

"Comprehensive and crisply written, accessible but sophisticated, Crouch's masterly work strikes the right balance in tone and approach, while covering all the key questions relating to presidential pardons."--Michael Genovese, author of The Power of the American Presidency 1789-2000"

From the Back Cover

"In an era when the president's constitutional powers are ever more important, it is an anomaly that the pardon power has been so little analyzed. With clarity and insight, Crouch resolves that anomaly in this important new book. . . . A must-have for those who study the presidency and the Constitution."--Robert J. Spitzer, author of Saving the Constitution from Lawyers

"Comprehensive and crisply written, accessible but sophisticated, Crouch's masterly work strikes the right balance in tone and approach, while covering all the key questions relating to presidential pardons."--Michael Genovese, author of The Power of the American Presidency 1789-2000

Product details

ASIN ‏ : ‎ 0700616462
Publisher ‏ : ‎ University Press of Kansas (May 26, 2009)
Language ‏ : ‎ English
Hardcover ‏ : ‎ 216 pages
ISBN-10 ‏ : ‎ 9780700616466
ISBN-13 ‏ : ‎ 978-0700616466
Item Weight ‏ : ‎ 1.04 pounds
Dimensions ‏ : ‎ 6.25 x 0.75 x 9.5 inches

Best Sellers Rank: #2,662,152 in Books (See Top 100 in Books)
- #656 in Constitutional Law (Books)
- #1,622 in Government
- #2,742 in United States Executive Government

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Jeffrey P. Crouch

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Dr. Jeffrey Crouch is an assistant professor at American University in Washington, DC, where he teaches courses on American politics. He is author of The Presidential Pardon Power, coauthor (with Mark J. Rozell and Mitchel A. Sollenberger) of The Unitary Executive Theory: A Danger to Constitutional Government, and coauthor (with Matthew N. Green) of Newt Gingrich: The Rise and Fall of a Party Entrepreneur. All three books are with the University Press of Kansas.

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A Cook

Thorough and Balanced

Reviewed in the United States on March 18, 2017

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The author provided a very thorough and balanced perspective on the use of the pardon power over time. This presidential power is necessarily politicized and the author does a fine job of pointing out the various uses and arguable abuses by presidents of all stripes over time. Readers of all political persuasions should enjoy this book and find it very educational.

Reviewed in the United States on January 15, 2016

Invaluable.

Reviewed in the United States on July 30, 2013

Verified Purchase

I have an interest in Gerald Ford's pardon of president Nixon in 1974. This is a very good book about the history of presidential pardons. Fascinating! A great read for anyone looking for background on this subject. Not a lot out there. This is a good read. Kudo's to author, Jeffrey Crouch!

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Jeffrey Crouch provides intellectual and in depth reviews of not ...

Reviewed in the United States on October 3, 2016

Jeffrey Crouch provides intellectual and in depth reviews of not only the powers, but also the history and the necessity of the powers.

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