Mass Pardons In America

This book is the first comprehensive study of how presidential mass pardons have helped put domestic insurrections to rest. Graham G. Dodds examines when and why presidents have issued mass pardons and amnesties to deal with domestic rebellion and attempt to reunite the country.

Again and again in the nation’s history, presidents of the United States have faced the dramatic challenge of domestic insurrection and sought ways to reconcile with the rebels afterward. This book is the first comprehensive study of how presidential mass pardons have helped put such conflicts to rest. Graham G. Dodds examines when and why presidents have issued mass pardons and amnesties to deal with domestic rebellion and attempt to reunite the country. He analyzes how presidents have used both deeds and words—proclamations of mass pardons and persuasive rhetoric—in order to foster political reconciliation. The book features in-depth case studies of the key instances of mass pardons in U.S. history, beginning with George Washington’s and John Adams’s pardoning participants in armed insurrections in Pennsylvania in the 1790s. In the nineteenth century, James Buchanan, Benjamin Harrison, and Grover Cleveland issued pardons to Mormon insurrectionists and polygamists, and Abraham Lincoln and Andrew Johnson pardoned Confederates both during and after the Civil War. Most recently, Dodds considers Gerald Ford’s clemency and Jimmy Carter’s amnesty of Vietnam War resisters. Beyond exploring these events, Mass Pardons in America offers new perspectives on the president’s pardon power, unilateral presidential actions, and presidential rhetoric more broadly. Its implications span fields including political history, presidential studies, and legal history.

The theory of the unitary executive is one of the most controversial and significant constitutional doctrines of the past several decades. It holds that the U.S. president alone embodies all executive power and therefore has unlimited ability to direct the many people and institutions within the federal government’s vast executive branch. It thus justifies the president’s prerogative to organize the executive branch and to direct its activities, to tell executive personnel what to do and to fire them if desired, to control the flow of information, and to issue signing statements that make judgments about constitutionality and determine the extent to which laws will be implemented. In some versions, it also endorses implied or inherent powers and permits the president to completely control foreign policy and military action. Proponents say this conception of the presidential office is faithful to the Constitution, facilitates the sort of energetic executive that Alexander Hamilton argued for, and enhances administrative efficacy and political accountability for governance. Critics say this arrangement is constitutionally inaccurate, is belied by historical practice and legal precedents, and is dangerously close to the monarchical power that provoked the American Revolution – and can be especially threatening in the era of Donald Trump. This book examines how controversies about unitary executive power have played out from the founding era to the present day with a focus on recent presidents, it explores arguments both for and against the unitary executive theory, and it looks ahead to future implications for American politics.

A full understanding of the institution of the American presidency requires us to examine how it developed from the founding to the present. This developmental lens, analyzing how historical turns have shaped the modern institution, allows for a richer, more nuanced understanding. The Development of the American Presidency pays great attention to that historical weight but is organized by the topics and concepts relevant to political science, with the constitutional origins and political development of the presidency its central focus. Through comprehensive and in-depth coverage, Richard J. Ellis looks at how the presidency has evolved in relation to the public, to Congress, to the executive branch, and to the law, showing at every step how different aspects of the presidency have followed distinct trajectories of change. Each chapter promotes active learning, beginning with a narrative account of some illustrative puzzle that brings to life a central concept. A wealth of photos, figures, and tables allow for the visual presentations of concepts. New to the Fourth Edition Explicit and expanded attention to the role of norms in shaping and constraining presidential power, with special focus on Trump’s norm-breaking and Biden’s efforts to shore up norms; Enhanced focus on the prospects for institutional reform, including in the electoral college, presidential relations with Congress, war powers, and the selection of Supreme Court justices; A full reckoning with the Trump presidency and its significance for the future of American democracy, presidential rhetoric, the unilateral executive, and the administrative state; Coverage of the first year of Biden’s presidency, including presidential rhetoric, relations with Congress and the bureaucracy, use of the war powers, and unilateral directives; Comprehensive updating of debates about the removal power, including the Supreme Court cases of Seila Law v. CFPB and Collins v. Yellen; In-depth exploration of the impact of partisan polarization on the legislative presidency and effective governance; Analysis of the 2020 election and its aftermath; Expanded discussion of impeachment to incorporate Trump’s two impeachments; Examination of presidential emergency powers, with special attention to Trump’s border wall declaration; Review of Biden’s and Trump’s impact on the judiciary; Assessment of Biden’s and Trump’s place in political time.

Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer’s decision to arrest, a prosecutor’s decision to prosecute, and a judge’s decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.

A sobering portrait of the United States’ divided racial politics. For nearly two decades, Rogers M. Smith and Desmond King have charted the shifting racial policy alliances that have shaped American politics across different eras. In America’s New Racial Battle Lines, they show that US racial policy debates are undergoing fundamental change. Disputes over colorblind versus race-conscious policies have given way to new lines of conflict. Today’s conservatives promise to protect traditionalist, predominantly white, Christian Americans against what they call the “radical” Left. Meanwhile, today’s progressives seek not just to integrate American institutions but to more fully transform and “repair” pervasive systemic racism. Drawing on interviews with activists, surveys, social network analyses, and comprehensive reviews of federal, state, and local policies and advocacy groups, Smith and King map the memberships and goals of two rival racial policy alliances and delineate the contrasting stories each side tells. They also show that these increasingly polarized racial policy alliances are substantially funded on both the Left and Right. Placing today’s conflicts in theoretical and historical perspectives, Smith and King analyze where these intensifying clashes may take the nation in the years ahead. They highlight the great potential for mounting violence, as well as the remaining possibilities for finding common ground.

LOS ANGELES TIMES BOOK PRIZE FINALIST • NAACP IMAGE AWARD NOMINEE • A “powerful and devastating” (The Washington Post) call to free those buried alive by America’s legal system, and an inspiring true story about unwavering belief in humanity—from a gifted young lawyer and important new voice in the movement to transform the system. “An essential book for our time . . . Brittany K. Barnett is a star.”—Van Jones, CEO of REFORM Alliance, CNN Host, and New York Times bestselling author Brittany K. Barnett was only a law student when she came across the case that would change her life forever—that of Sharanda Jones, single mother, business owner, and, like Brittany, Black daughter of the rural South. A victim of America’s devastating war on drugs, Sharanda had been torn away from her young daughter and was serving a life sentence without parole—for a first-time drug offense. In Sharanda, Brittany saw haunting echoes of her own life, as the daughter of a formerly incarcerated mother. As she studied this case, a system came into focus in which widespread racial injustice forms the core of America’s addiction to incarceration. Moved by Sharanda’s plight, Brittany set to work to gain her freedom. This had never been the plan. Bright and ambitious, Brittany was a successful accountant on her way to a high-powered future in corporate law. But Sharanda’s case opened the door to a harrowing journey through the criminal justice system. By day she moved billion-dollar deals, and by night she worked pro bono to free clients in near hopeless legal battles. Ultimately, her path transformed her understanding of injustice in the courts, of genius languishing behind bars, and the very definition of freedom itself. Brittany’s riveting memoir is at once a coming-of-age story and a powerful evocation of what it takes to bring hope and justice to a system built to resist them both. NAMED ONE OF THE BEST BOOKS OF THE YEAR BY KIRKUS REVIEWS