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.

Blaze TV hosts Glenn Beck , Chad Prather, and Steven Crowder weighed-in with similar but different thoughts on the fascism associated with canceling Dr. Seuss.

Glenn Beck can't help but wonder, "What is wrong with us?" in light of the Dr. Seuss books that have been cancelled due to "hurtful and wrong" illustrations — that takes America one step closer to complete insanity.

Chad Prather approached the issue from a comedic perspective, stating that "Dr. Seuss is dead and could not be reached for comment."

Steven Crowder explained that Dr. Seuss books were banned for being offensive and insensitive to some. So Steven decided to parody the six banned children's books with progressively titled and hilariously inappropriate versions.

Read the full story from TheBlaze News here.

'We DON'T destroy books'

"They are banning Dr. Seuss books. How much more do you need to see before all of America wakes up? ... This is fascism!" Glenn said. "We don't destroy books. What is wrong with us, America?" - Glenn Beck. Download the podcast here.

Chad Prather's comedic take on why Dr. Seuss got canceled

"Dr. Seuss is dead and could not be reached for comment'"- Chad Prather. Download the podcast here.

Dr. Seuss BANNING Bonanza! New Progressive Book Titles Revealed! 

In this 7+1 segment-- Crowder uncovers, new, unreleased Dr. Seuss titles that will be released in the near future (parody). Download the podcast here.

Use promo code BLAZE to save $10 on one year of BlazeTV.

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"What's your climate credit score?" That's a question Americans may have to answer if the green global elites get their way.

While the media has distracted us with Orange Man Bad! and Russia, Russia, Russia!, the Left has been busy working on the fundamental transformation of America with a primary pressure point — YOUR money through YOUR bank. Democrats, forgetting the words of MLK, like to group people into categories. They judge you based on what skin color you have, your religion, occupation, your ideology, and now … your carbon footprint.

On his Wednesday night TV special this week, Glenn Beck exposes how they're now planning, not only to categorize you, but to give you a score. It'll determine everything for you: whether you can buy a home, get a new car, open a business … EVERYTHING. And if you don't bend the knee? You'll be blacklisted. But this isn't some far-off conspiracy theory. Multiple big U.S. banks are part of a private U.S. financial group enacting these policies now. It's here, and we're ALL at risk.

Watch the full episode below:

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Unlike the mainstream media, we at the "Glenn Beck Radio Program" decided to actually do the research and get to the bottom of CPAC's controversial stage design, which many on the Left have suggested was purposefully shaped like an obscure Nazi symbol. We got our answers straight from the source — and it's not what the media is suggesting.

American Conservative Union chairman Matt Schlapp joined Glenn on Wednesday to share the real story of the stage design, who designed it, and why he's taking legal options against those smearing the Conservative Political Action Conference's name seriously.

Matt told Glenn he'd never heard of the alleged Nazi insignia, noting that even a staff member who "studied anti-Semitism in college" did not recognize the obscure symbol. He went on to explain how the stage designing firm, Design Foundry, and Hyatt Hotels worked collaboratively with CPAC event organizers for months throughout the designing and construction of the stage. However, when pressured by the cancel culture mob on social media, both companies "ran for the tall grass."

"Both the Hyatt and [Design Foundry] looked to CPAC and said [they] had nothing to do with this stage. That's outrageous," Matt stated. "This whole process takes months ... everybody saw this. Everybody had to figure out how to construct this. Everybody had eyes on it from every angle. And nobody in that process ever raised their hand and said, 'Oh, you know, I took a European history class, and I noticed [that the stage design looked like a Nazi symbol.] Nobody."

Matt went on to add that, while CPAC expects attacks from the Left, they also have every intention of standing up for themselves, the conservative community, the Jewish community, and all the people who love America.

"We're fine with taking the hits. We always take the hits, it's part of being a prominent conservative group. We'll take the hits, but we won't let people lie," Matt said.

"I can't tell you how many people have called me during the course of this most tumultuous of years and said, at what point does the conservative community, do the 74 million Americans who voted for Donald Trump, do the people who love America, and think it's okay to read Dr. Seuss, and love Thomas Jefferson and Mount Rushmore, at what point do they start pushing back on the cancel culture? At what point do they say, this is a line you can't cross? I think we're at that line," he added.

"We called our conference, 'America Uncanceled.' The whole thing became about them canceling us. At what point do we not have the right to say,' you can't treat us this way'? You're disparaging us. You're destroying our reputation. You're destroying our ability to be respected members of our community. So, I'm taking your challenge of pursuing our legal options very seriously. And I think we have to go broader. We can't let these companies just follow the woke mob. We can't do it."

Watch the video clip below to catch more of the conversation:

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CNN reporter Jim Acosta was confronted at CPAC by The Federalist reporter David Marcus with a valid question: "When are you guys going to start covering Cuomo?" His answer — or, really, lack of an answer — perfectly demonstrates why he was earlier surrounded by CPAC attendees chanting, "CNN sucks!"

On the "Glenn Beck Radio Program" Tuesday, Glenn and producer Stu Burguiere react to a video clip of the exchange with Acosta, as well as the mainstream media's double standards when it comes to Democratic New York Gov. Andrew Cuomo.

Watch the video below:

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