Wednesday, October 12, 2022

I don't think so

 Heard once again that Biden plans on pardoning everyone in prison for marijuana possession and use. I've heard no plans to have it removed from schedule one of the controlled dangerous substances listing. Being on that list makes using or possessing that substance a felony. Now I know that the President can issue pardons, and all have done so, some more than others. Obama and Bush top the list with Trump in third place. Biden can certainly claim the top spot if he does in fact issue pardons for everyone! It would affect about 6500 people. Obama, in the number one spot at 212 sure would look like a slacker. But it isn't as straight up as one would think. Like everything else with the judicial system there are many twists and turns as far as convictions and punishments. And his pardons are only on the federal level. About 30,000 are in prison on the state level and about 3000 on a higher level. Keep in mind that if a felon is pardoned, he/she can then vote. It would influence the friends and families of those pardoned to vote in a certain fashion. Yes, it could be very advantageous. Especially just before the midterms. But I'm sure that has nothing to do with any of that.
 I'm not a lawyer or a constitutional scholar but I don't believe the power of pardon was ever intended to circumvent federal law. That is to say, not change the law at all just pardon everyone who broke it! I have to ask, then what is the purpose of the law? Seems rather pointless to me to have a law and the President can then just issue a blanket pardon to everyone breaking that law. It certainly appears like an abuse of power to me. The president may issue a pardon or clemency for a federal crime, charged or uncharged, but I think it is a stretch to say he can simply pardon everyone that violated a specific law. Wouldn't that be the same as he alone writing the law? How would it be any different? Congress makes law, that's part of their job description, but the president simply pardons anyone breaking that law. The executive branch does not have that authority in my opinion. The president can certainly veto legislation, that's his prerogative, but he can't make it! His veto can be overridden by Congress, he doesn't get the final say.
 Regardless of your feelings about the law and marijuana use it is still a felony. Regardless of what states decide to ignore that law, and that is the best they can do is vote to ignore that law, they can't legalize pot, it remains a felony offense. Only Congress can make or remove laws on the federal level. If the President wants Marijuana legal, he needs to have it removed from schedule one of the controlled dangerous substance list. If that should happen convictions could then be expunged from the record. It wouldn't make it legal prior to that happening however! If you break the law today, the law is changed tomorrow, you still broke the law yesterday! Not very difficult to understand at all. 
 What form of government allows the "president" to make a law independently of everyone else? That is what this is. If the president can simply say I pardon everyone that broke this law and they are all released from prison, freed form any form of accountability for having broken that law, isn't that what it is? Many were concerned that Trump was going to be a dictator! Biden is setting himself up to be just that, if this allowed to fly! I don't care how you feel about Pot, this is about the rule of law. A pardon to ignore federal law? Is that how its' supposed to work? I don't think so. 

No comments:

Post a Comment