The leaders of a nation derive their powers from the constitution. With that said President Donald Trump came forth and said that he could pardon himself. For starters, President Donald Trump has not been convicted of any crimes. However, the issue is whether there is a possibility that a president can pardon himself?
Since the constitution is the sovereign rule of law, scholars such as Sujit Choudhry have had to weigh into the situation by referring to Article II, Section 2 of the United States Constitution which states that the president can only issue a pardon when a person has committed a crime against the state. Additionally, the president’s powers are limited to a scenario where there is an impeachment, according to Sujit Choudhry. By going through the constitution, Sujit Choudhry and his colleagues were able to gain a better understanding of whether or not President Donald Trump is right about a president having the ability to pardon himself. Nevertheless, the constitution did not provide a concrete answer to the question that came forth after the remarks by President Donald Trump. With that said, Sujit Choudhry and his fellow scholars had to look into the history of presidential pardons.
In 1886, the Supreme Court declared in Ex parte Garland a presidential pardon that was granted to a former politician by President Andrew Johnson. The Ex parte Garland was later used as a point of reference when Richard Nixon was issued a pardon by President Gerald Ford, read (Facebook.com). Initially, Richard Nixon was serving as a president. However, things took a turn when he got involved in the Watergate controversy. Richard Nixon later decided to step down, and Gerald Ford who was the Vice President assumed his position as the new President. President Gerald Ford issued Richard Nixon a pre-emptive pardon although there were no charges against him, view (Youtube.com).
After some years, the same issue about presidential pardons came forth. President Bill Clinton was the victim in this case. Scholars such as Richard Posner were allowed to weigh in on the case, helpful source on twitter.com. As for Richard Posner, he brought forth an argument saying that the Founding Fathers did not issue a discrete answer on whether a president has the power to pardon himself. Nevertheless, the constitutional language indicates that a president can indeed issue himself a pardon, have a peek on http://www.law.nyu.edu/news/choudhry_award for more updates.