Original Argument: The Lost Chapters. Translated by Joshua Charles

Number 74

The Command of the Military and Naval Forces, and the Pardoning Power of the Executive

Alexander Hamilton

New York Packet

Tuesday, March 25, 1788

The President of the United States is to be the:

“…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.”[1]

In addition to being in line with all the general precedents of the state constitutions as far as this subject is concerned, it is also so obviously appropriate that it doesn’t require anymore explanation or defense.  Even the state constitutions which have combined the Executive with some sort of executive council (to approve of his decisions) have, for the most part, concentrated the military authority on him alone.  Of all the duties and concerns of government, waging war is unique in that what it requires can only be provided by concentrating the power of waging it into a single hand.  The waging of a war implies having the ability to direct the whole strength of a nation, and the power of directing and using this national strength is part of the unusual and essential definition of Executive authority.

“The President 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.”[2]

This statement merely states the obvious, since the right which it gives the President is automatically part of being President in the first place.  He is authorized “to grant reprieves and pardons for offences against the United States, except in cases of impeachment.”[3] Both the interests of humanity and good policy concur in concluding that the harmless ability of granting pardons should be as little restricted as possible.  Criminal codes all over the world tend to be so necessarily severe that without easy access to exceptions in cases of unfortunate guilt, justice would always appear to be too bloody and cruel.  Since the sense of personal responsibility increases as the number of people who hold that responsibility decreases, we can safely assume that a single man (the President) would be more than capable of taking into account the personal motives and circumstances of certain individuals which might not have been able to hold water when put up against the severity of the law.  Additionally, he would be the one least susceptible to simply trying to protect whomever he wished from the just requirements of the law.  The idea that the fate of a fellow human being would be completely dependent on his decision would naturally inspire the President to be very meticulous and cautious when deciding who to pardon and why.  His desire to not be accused of weakness, or of tacitly encouraging bad behavior, would also cause him to be cautious, but for entirely different reasons.  On the other hand, since men generally derive confidence in numbers, they might encourage each other to be hard headed in deciding whom to pardon, which would make them less fearful of being accused of inappropriately showing mercy.  Because of reasons like this, it appears to me that one man would be more capable of dealing out mercy on behalf of the government than a group of men would be.

If I am not mistaken, the wisdom of giving the President the power of pardoning has only been objected to as it relates to the crime of treason.[4] It has been argued that the power to pardon treason should have required the agreement of one, or both Houses of Congress.  I won’t deny that there are good reasons to require the involvement of one or both Houses of Congress in dealing with pardoning treason.  Since treason is a crime which is directed at society as a whole, once it has been lawfully determined that treason was committed, it would seem appropriate to require the consent of Congress in order to show mercy towards whoever was convicted.  This should actually be how pardoning treason should be dealt with, since it is not entirely possible to rule out a conspiracy of some sort on the part of the President.  But there are also many significant problems with such a plan.  It is beyond doubt that a single man of wisdom and good sense would be much more capable of balancing the arguments for and against pardoning treason than any given group of people would be, no matter the size.  We must also remember that treason typically involves seditious actions as well, as has recently occurred in Massachusetts.[5] In every such case, it is likely that the representatives of the People would be tainted by the same sort of spirit which gave rise to the sedition or treason in the first place.  With similar feelings on both the side of the People and their representatives, it is likely that the desire to do favors for friends, as well as mutual sympathy for either the condemned person (or people) would be enough to garner a vote for a pardon in Congress, when what may actually be needed was a terrifying example of what happens to those who commit such crimes.  On the other hand, if the sedition was the result of things which aroused the anger of the majority party, then they would most likely be unwilling to grant mercy, even when good policy dictated that such mercy should be granted.  But the primary argument in favor of giving the President the full power to pardon is this: during a time of insurrection or rebellion, there are often critical moments when a well-timed offer of pardon to the insurgents or rebels could very well reestablish peace and tranquility.  However, moments like that are few and far between, and if they are not taken advantage of, they may never come again.  The slow process of convening Congress in order to approve any offer of a pardon may allow golden opportunities such as this to slip through our fingers.  The loss of a week, a day, or even an hour may sometimes be fatal.

Some might say that, as a compromise, the President could occasionally be given the power to pardon in certain situations that may require such a power.  My answer to that would be this: first, it is questionable that under a limited Constitution, such a power could be delegated by a law; and secondly, in general, it would be unwise to extend even the prospect of a pardon before it was even required by any particular situation.  An action like that would tend to make the government appear weak, and might even embolden those who are guilty of sedition or treason.

Publius


[1]United States Constitution: Article II, Section 2, clause 1

[2]United States Constitution: same reference as previous footnote

[3]United States Constitution: same reference as previous footnote

[4]United States Constitution: Article III, Section 3

[5]Shays’ Rebellion (1787): Explanation found in Federalist No. 6.

New details emerge about Trump raid — and 'it doesn't look good for the FBI'

Photo by Eva Marie Uzcategui/Getty Images

New, alleged details about the raid of former President Donald Trump's home at Mar-a-Lago hint that it's "not looking good for the FBI," said BlazeTV host Glenn Beck on the radio program Thursday.

Trump has faced attacks from every direction, but despite all of it, he has "not been found guilty or had any kind of real, solid evidence against him," Glenn pointed out.

Glenn detailed a long list of investigations, accusations, and lawsuits against Trump, and the latest puzzling revelations about the FBI's raid of Mar-a-Lago, which only seem to raise even more questions. For example, did agents truly refuse to give Trump's lawyer a copy of the warrant upon arriving at the home? Because sources have alleged that his attorney was kept "10 feet away from the warrant" and was not allowed to actually read it. If that's true, then it was absolutely against the law.

Then there was the inordinate amount of time spent going through Melania Trump's closet. And did they have the proper authority to break into Trump's safe?

"That warrant had better damn well say that they can break into that safe because the law is, you can't go into somebody's house and ... just tear it all apart," Glenn said. "You have to have a pretty good idea of where things might be located, and you ask for permission for those areas. And you have to know exactly what you're looking for, and if it's in a safe, you need to specifically say, 'it's in a safe and we're having a safe cracker come in.' If they didn't say in the warrant that they could crack his safe, it's the fruit of the poisoned tree. By the way, there was nothing in the safe."

Glenn also explained that the FBI broke into a specific "safe room" that contained national archives, which Trump was allegedly told by investigators to keep in a locked room.

"[Trump] made a safe room, and put two locks on it, at their request. And that's what they broke into," Glenn said. "This doesn't look good for the FBI," he added.

Watch the video clip below to hear more from "The Glenn Beck Program." Can't watch? Download the podcast here.


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There’s an economic axis of evil taking shape right now, and the people in charge of our government are too stupid to acknowledge and deal with what’s happening. The U.S. dollar and the entire financial system are at stake, and, as Glenn Beck reveals on "Glenn TV" Wednesday, our enemies’ PUBLISHED plans to take the entire thing down.

While all of this is happening, our own leaders are making everything worse. We’ve got Nancy Pelosi risking an international incident, accelerating China’s plans to collapse us. And when Biden SHOULD be focusing on the security of our country, he’s instead preoccupied with controlling the weather with his Inflation "Reduction" Act.

Glenn exposes the TRUE numbers on what that bill will do to your family’s budget. Add to that, they’re more than doubling the IRS to make sure you feel the pain. And if you think they won’t come for you, look at what they just did to the former president of the United States. The DOJ and FBI just went after the political opponent of their boss, Joe Biden.

This is what they are focused on, and the threat to the dollar — and the entire financial system — isn’t even on their radar. Pain is coming for us, and they don’t care one bit.

Watch the full episode below:

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Speaking before signing the “PACT Act of 2022” on Wednesday morning, President Joe Biden claimed that his wonderful economic plan "is working" and that somehow July’s annual inflation rate of 8.5% was actually “zero.”

“I just want to say a number: zero. Today we received news that our economy had 0% inflation in the month of July,” Biden said during a ceremony in the East Room of the White House.

White House press secretary Karine Jean-Pierre dutifully echoed the president's not-at-all misleading claim:

The truth of the matter is that last month's inflation rate of 8.5% was a (small) step in the right direction, but only because it was lower than June's 41-year high of 9.1% — and the thing is, anyone who's graduated kindergarten knows it.

So, who do White House personnel think they're fooling? On the radio program Wednesday, Glenn Beck and producer Stu Burguiere broke down how the Biden administration came to this latest disingenuous conclusion about the economy, what the latest consumer price index actually shows, and why the inevitable Biden brag-fest will be unbearable.

Watch the video clip below. Can't watch? Download the podcast here.

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Glenn Beck: This is the ONLY endgame that makes sense for the FBI’s raid on Trump’s Mar-a-Lago home

(Left) Photo by James Devaney/GC Images (Right) Video screenshot

If you're celebrating this FBI raid on Mar-a-Lago, you have no idea how much this changes things. We don't do this in America. At least, we didn't. But the left cannot have Donald Trump be president again. His "America First" platform goes against everything they've been working for. So, what's their endgame here? On the radio program, Glenn Beck said there's really only one endgame that makes sense — and it should scare us all.

"If you are not for the destruction of America, you better pay attention quickly. This is a massive move," Glenn said of the Mar-a-Lago raid.

"Who has credibility on this? ... The right will believe Donald Trump, but nobody on the left, so you're not going to change any minds there. Do you think the right will believe the New York Times? MSNBC? NBC? CBS? Do you think we're going to believe the New York Times — the people who have been carrying water for the Biden crimes? The Clinton crimes? And ... I'm talking about her server and having her own State Department people go into a skiff, which is the top secret room, completely sealed off, going in and getting documents, cutting off 'top secret,' and then emailing them to her on her private server. And nothing? And now you're going to try to convince me [that] this has nothing to do with January 6?" he added.

"Remember the [allegations about] bank servers, [Trump] was pinging a bank? Untrue. Carter Page is a Russian spy? Untrue. Donald Trump is a Russian spy? ... Untrue. Collusion with Russia? Untrue. Ukraine, the perfect phone call? Not true. Not true. Wasn't a perfect phone call. Was not impeachable. The pee tape dossier? None of that was true. Here's why they can't have [Trump] as president of the United States. They can't have him as president of the United States because we are headed towards a completely new, all redesigned, non-capitalist, nonconstitutional Great Reset," Glenn argued. "They cannot have him be president because he is America first."

Glenn warned Americans that our federal government is accumulating massive power, case in point the 87,000 new IRS agents. "Coupled with the [IRS agents] they already have ... that's almost the size of our National Guard. Do you feel comfortable with that? Democrats? You don't think there's a possibility ... that someone ... might come in at some point and weaponize the IRS?"

He also warned that the FBI's raid on Donald Trump’s home has implications that stretch far beyond simple dislike for the former president. So what are they hoping to accomplish?

"What is the endgame? You make him into a martyr by throwing him into jail or killing him ... so you make him stronger. That doesn't make sense, why would they want that?" Glenn asked. "So, what is their endgame? The only one that makes sense to me, is to stop him at any cost, then lunatics will take to the streets, and then [the Democrats] will have evidence that the [right is] more dangerous than anyone could possibly imagine. Please, pray for your country."

Watch the video clip below to hear more from Glenn. Can't watch? Download the podcast here.

Want more from Glenn Beck?

To enjoy more of Glenn’s masterful storytelling, thought-provoking analysis, and uncanny ability to make sense of the chaos, subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution, and live the American dream.