Procedures

• Context:

  The United States Constitution, Article II, Section. 2: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

  Full Text of US Constitution

• Step 1: Preliminary Discussion Questions/Writing Prompts:

  • How many Presidential pardons can you name? Do you believe modern Presidents have issued dozens, hundreds, or thousands of pardons during their terms? What’s the basis for your conclusion?

  • Do you believe modern Presidents are more likely to issue pardons (forgiveness of crimes) or commutations (reduction of sentences)? What’s the basis for your conclusion?

  • The Constitution, in Article II Section 2, states that the President “shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” What, in your view, should define “Offences against the United States”? Explain your position!

  • What limits or constraints do you believe Presidents should impose upon themselves in the use of their pardon power? Why? (leave extra space beneath your answer)

  • Do you think a President could issue a pardon to himself? What is the basis for your conclusion? If you do believe a President has that ability, what if any limits do you think exist on its use? Explain your response! (leave extra space beneath your answer)

• Step 2: The following clips are designed to help students understand the ins and outs of the presidential power to pardon. Students can view the clips in small groups, as individuals, or as a whole class.

  “An Unfettered Discretionary Power” (1:57)

  Constitutional Rationale for the Pardon Power (:57)

  The [Usual] Process of Obtaining Presidential Pardons (2:01)

  Average Annual Number of Pardon Requests and Duration of Pardon Process (1:53)

  Modern History of Presidential Pardons (Truman through Obama)- Data and Context (2:08)

  President Trump’s Use of Pardon Power for Members of his Administration (:56)

  Can the President Pardon Himself? (2:00)

• Step 3: The following clips examine three specific case studies where the pardon was utilized in Americna history. As before, students can view the clips in small groups, as individuals, or as a whole class.

  Controversial Pardons in Recent Years (1:58)

  Harding's Pardon of Eugene Debs (:59)

  Ford's Reasoning for Pardoning Nixon (3:39)

  Bill Clinton and “Pardongate” (4:53)

• Step 4: Reflection Questions/Writing Prompts

  • Consider the perspective that Samuel T. Morison offered on the Framers’ intentions in conferring the pardon power on the POTUS. Based on both the case studies and the general recent conferral of pardons, do you believe the pardon authority in the modern era serves in the capacity that the Framers intended? Why or why not?

  • How has the modern developments of television and internet media complicated the presidential pardon process? How might the Framers have perceived this present-day level of transparency in the issuing of pardons?

  • Considering the historical case studies of the pardon, identify an implication of each of those pardons on modern Presidential action and explain why/how it is impactful.

  • Revisit your response to the question about self-imposed limits or constraints on Presidential use of the pardoning power. Rewrite it, incorporating information from the video clips (you may change your position if you are now so inclined based on what you’ve learned)

  • Revisit your response to the question about the President’s ability to pardon himself. Rewrite it, incorporating information from the video clips (you may change your position if you are now so inclined based on what you’ve learned).

  • Compare your speculation about the number of pardons and commutations issued by modern Presidents with the historical data. Does any of this surprise you? Why or why not? What questions does the data create for you as a social scientist?

• Extension Activities:

  • Decision Dialogue: Suppose that you and a partner are working as attorneys for the Department of Justice and investigating the President’s BFF, who is currently serving as his Chief of Staff, in April of the President’s last year in office. You find evidence that the BFF/COS has, for the past three years, been running a March Madness gambling operation AT THIS VERY HIGH SCHOOL, potentially in violation of the federal RICO statute. See more here. Write a “transcript” of the conversation the two of you might have in your office debating whether or not to reveal the results of your investigation immediately or to wait until the President leaves office. Topics your discussion should include: the public’s right to know, your responsibilities as part of the federal government, the President’s pardon authority and the likelihood (considering the upsides, downsides, and historical precedent) that he will use it, and details of the typical pardon process.

  • Posthumous Pardon Petition: As well as conferring individual pardons, Presidents have the authority to grant amnesty, a form of the pardon granted to a class of people without identifying those individuals by name. Choose a historical figure or group of people whom you believe to be deserving of a posthumous pardon. Write a petition to the President asking for his pardon of that individual or group- explain why you believe forgiveness is deserved, and draw upon the content of the video clips to justify your position.

  • Posthumous Pardon Petition Protest: Look over the Posthumous Pardon Petitions created by your classmates. Find on with which you disagree and prepare a response argument indicating why you believe the President should NOT grant a posthumous pardon.

  • The Presidential Pardon, Currently: Find a current news article related to presidential pardons. Highlight the main ideas and annotate its contents with commentary and perspective based on the content of the video clips.

  • Presidential Pardon Playlist: Choose one of the historical pardon case studies. Create a ten-song playlist that the President might have put together to listen to while he was making the pardon decision. Identify the songs and artists and explain why each would have been selected.

  • Construct a simulated roundtable with students representing various presidents from the past who’ve utilized the pardon. Have them research and engage in a discussion over when it is most appropriate to exercise the use of the pardon.

  • Drawing on the Pardon Authority: Fun Fact: Harry Truman is the POTUS who granted the most pardons in a single day (1500). Create a political cartoon that an artist of the time might have drawn in response.