The news and current events often influence my thoughts and this morning is no different. Biden, having pardoned a ten year crime spree by his son Hunter, certainly changes things. I can't help but question that. Well, first off he did proclaim, assert, promise, reassure and give a solemn oath that he would never do that. But he's a father, I get it, and has decided otherwise. Not surprising really, as it is obvious that he hasn't exactly been a role model himself and has allowed, indeed enabled his sons to act in less than honorable ways. Let's not forget that his brother James is also involved in the family crime syndicate. I ask myself, would I do the same, would I pardon my son if I had that power?
You could say I'm just fortunate to never having been placed in that position. I say it is the result of my example to my sons. Whenever they made a bad choice, fouled up, I held them fully accountable for that action. Yes, I follow the Barney Fife rule, nip it, you have to nip it in the bud! I did not excuse their behavior, make excuses for it, and go all kum ba ya on them. Nope, they were held to account. Did I employ corporeal punishment? Whenever I felt it warranted such, I certainly did. Those occasions were very few and in their early years, as they grew older, gaining some maturity and the ability to reason, it wasn't necessary. The lesson had been learned. You will be held responsible for your actions.
It's obvious to me that Biden practices what I call "conditional" morality. There has been much talk of his willingness to promote abortion while proclaiming to be a catholic. The church has issues with that. Now in all fairness as president you should not allow your religious beliefs to direct your legislative direction. That is the purpose of the first amendment after all. It could be argued that every president has made provisions and conditions in contrast to their professed religious beliefs. It should be remembered however that the president doesn't actually make any law, that is the job of congress. Using your presidential power to "pardon" your own son for criminal activities spanning a decade certainly expands that meaning. It is an example of "conditional" morality as blatant as anything I have seen.
Moral agency. The ability to make moral judgements on right and wrong. It is the responsibility of each individual to be a moral agent. The congress acts as the moral agent of the American people. They are our elected officials. Their purpose is to represent you and act as your moral agent. The president, by virtue of that office, can exercise certain powers. Granting pardons, to those considered worthy, is an example of a moral judgment. The president acting as the sole moral agent in that scenario.
The legal system, that system detached from all religious provisions and decisions having already determined guilt, any pardon has to be based on what? Moral agency. And just what were the extenuating circumstances, the unavoidable situations that led Hunter Biden to engage in his criminal activities? Was it his drug usage? If that is the case a full 1/5 of the prison population would have to be pardoned. And that would still only account for those incarcerated for drug possessions and sales. What of those that robbed, assaulted, drove their car or committed any other criminal act while using drugs. shouldn't they all be pardoned as well? I did my taxes while drunk, I should be forgiven for that.
It is true that every president grants pardons, especially just before leaving office. The reasons for doing so as as varied as the crimes they committed. Biden is within his authority to issue that pardon. He could also simply commute the sentence, granting a reprieve, lessening the severity or duration or both. Of course that would require the sentence being issued first. Biden can't wait for that, now can he? Trump certainly wouldn't be issuing any pardon, any clemency or reprieve to Hunter.
Biden issued a preemptive pardon. Gerald Ford did issue a full and unconditional pardon to Richard Nixon before Nixon was convicted of any wrongdoing. A republican pardoning another republican. Controversial, you bet it was. There is talk of Biden issuing more "preemptive" pardons to those Trump has professed he will "go after." It's quite a list. If Biden does that it will be an unprecedented move. Perhaps this presidential power to grant pardons and clemency will have to be reviewed at a convention of the states. It's worth noting that only Felons can be given a presidential pardon or clemency. Here is the reference to those powers:
Article II, Section 2, Clause 1:
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.
https://constitution.congress.gov/browse/essay/artII-S2-C1-3-5/ALDE_00013322/
My reference for those desiring such.
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