Executive Clemency in the United States

2018 ◽  
Author(s):  
Margaret Colgate Love
Keyword(s):  
United States ◽  
The United States ◽  
Executive Power ◽  
Criminal Prosecution ◽  
The Public ◽  
State Constitutions ◽  
Democratic Reform ◽  
Political Risks ◽  
Policy Goals ◽  
Executive Clemency

Executive clemency has a rich history in the United States, both as an agent of justice and as a tool of politics. A presidential power to pardon was included in Article II of the Constitution, and all but one of the state constitutions provides for a clemency mechanism. States have established a variety of ways to manage and sometimes limit a governor’s exercise of the constitutional pardoning power, but the president’s power has remained unlimited by law. Until quite recently, clemency played a fully operational part in both federal and state justice systems, and the pardoning power was used regularly and generously to temper the harsh results of a criminal prosecution. Presidents also used their power to calm and unify the country after a period of strife, and to further policy goals when legislative solutions fell short. But in modern times unruly clemency’s justice-enhancing role has been severely diminished, initially because reforms in the legal system made it less necessary, but later because of theoretical and practical objections to its regular use. A reluctance on the part of elected officials to take political risks, as well as clemency-related controversies, have further eroded clemency’s legitimacy. As a result, in most U.S. jurisdictions clemency now plays a limited role, and the public regards its exercise with suspicion. There are only about a dozen states in which clemency operates as an integral part of the justice system, in large part because its exercise is protected from political pressures by constitutional design. At the same time, the need for an effective clemency mechanism has never been greater, particularly in the federal system, because of lengthy mandatory prison sentences and the lifelong collateral civil consequences of conviction. It appears unlikely that an unregulated and unrestrained executive power will ever be restored to its former justice-enhancing role, so that those concerned about fairness and proportionality in criminal punishments must engage in the more demanding work of democratic reform.

scholarly journals Look to Windward: The Michigan Environmental Protection Act and the Case for Atmospheric Trust Litigation in the Mitten State

2021 ◽  
pp. 275
Author(s):  
Jonathan Coumes
Keyword(s):  
Climate Change ◽  
United States ◽  
Environmental Protection ◽  
Public Trust ◽  
The United States ◽  
Natural World ◽  
Potential Relief ◽  
The Public ◽  
State Constitutions ◽  
History Of

Failure to address climate change or even slow the growth of carbon emissions has led to innovation in the methods activists are using to push decisionmakers away from disaster. In the United States, climate activists frustrated by decades of legislative and executive inaction have turned to the courts to force the hand of the state. In their most recent iteration, climate cases have focused on the public trust doctrine, the notion that governments hold their jurisdictions’ natural resources in trust for the public. Plaintiffs have argued that the atmosphere is part of the public trust and that governments have a duty to protect it. These types of lawsuits, known as Atmospheric Trust Litigation, have foundered on the shoals of courts wary of exceeding their powers, whether granted by Article III or state constitutions. The trouble in many cases, including Juliana v. United States, has been standing. Courts balk at declaring that any one actor has the power to affect climate change. Since they usually think one actor can’t fix the climate, redressability is out the window. Even if courts get past redressability, they believe the scale of any potential relief is just beyond the ability of a court to order. The number of lawsuits that have been filed suggests that that reasonable minds can differ, but most judges have found plaintiffs do not have standing before clearing the cases off their dockets. This Note contends that at least one state remains fertile ground for an atmospheric trust lawsuit. Michigan’s 1963 Constitution implies that the atmosphere is within the public trust, and the Michigan Environmental Protection Act, passed to carry out the state’s constitutional duties towards the natural world, does away with most, if not all, of the standing issues that have stymied climate cases across the nation. Motions, briefs, and equitable relief are not the only way to avoid the onset of what could be the greatest calamity in the history of humanity, but in Michigan, at least, Atmospheric Trust Litigation may well be what breaks and rolls back the carbon tide.

Evolution of the Procedure for Empowering the Governors in the States of the USA

2020 ◽  
pp. 37-41
Keyword(s):  
United States ◽  
United States Of America ◽  
Legal Status ◽  
The United States ◽  
The State ◽  
Executive Power ◽  
State Constitutions ◽  
Depth Study ◽  
The Usa

The article discusses the development of the procedure for empowering the governors of the states of the United States of America. The models of empowerment of governors, requirements for candidates for governor positions, the terms of the latter’s exercise of power both now and in retrospective are examined. The provisions of the constitutions of the states of the United States of America, fixing the requirements for candidates for the positions of governors of the states, are not always identical. Despite the existing differences established by the state constitutions regarding the requirements for candidates for governor positions and the terms for exercising the powers by governors, the procedure for electing state governors is the same. The increase in the term for exercising the powers by governors is due to an increase in the role and importance of governors as officials in charge of state executive power. Particular attention is paid to the study of requirements for candidates for governors. In addition to age qualifications and qualifications for citizenship, residency qualifications in the state where the candidate is running for governor are of prime importance. An in-depth study allows to track trends related to both the development of the procedure for vesting powers with governors and the change in the constitutional and legal status of governors as a whole. A key advantage of the constitutions of some states is the limitation of the duration of the state governors in their posts, thereby ensuring the effectiveness of the activities of the governors and executive power of the states.

Conclusion

2020 ◽  
pp. 159-182
Author(s):  
John Gastil ◽  
Katherine R. Knobloch
Keyword(s):  
United States ◽  
The United States ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Governing Body ◽  
The Public ◽  
Democratic Reform ◽  
The Right ◽  
Ballot Measure

The book’s conclusion details how the Citizen’s Initiative Review (CIR) exemplifies the possibility for democratic reform. This chapter draws on the stories of several deliberative reforms to exemplify their possibilities and pitfalls. Tough some attempts at institutionalization have fallen flat, the CIR has expanded from a pilot in Oregon to a new governing body being tested and proposed across the United States. Other citizen-centered institutions, like juries, have seen similar expansion, bringing greater opportunity for self-governance to citizens across the globe. Though the diffusion of democratic reform may seem idealistic, once immovable policy can shift. One example reviewed in the chapter is same-sex marriage legalization, which swept through the United States as voters and politicians began to understand the perspectives of individuals and communities who had been denied the right to marry. In Ireland, a deliberative minipublic produced a ballot measure to legalize same-sex marriage that won public backing. The chapter, and book, concludes that democratic reform is possible but will not happen unless the public demands it—citizens, activists, politicians, and academics alike.

Verán ustedes las chozas más humildes. El discurso de pobreza en la diplomacia pública cardenista dirigida a Estados Unidos

2019 ◽  
Vol 35 (2) ◽  
pp. 255-281
Author(s):  
Sylvia Dümmer Scheel
Keyword(s):  
United States ◽  
New Deal ◽  
Public Diplomacy ◽  
The United States ◽  
The Public ◽  
The Poor ◽  
The Face ◽  
The Government ◽  
Lazaro Cardenas ◽  
The New Deal

El artículo analiza la diplomacia pública del gobierno de Lázaro Cárdenas centrándose en su opción por publicitar la pobreza nacional en el extranjero, especialmente en Estados Unidos. Se plantea que se trató de una estrategia inédita, que accedió a poner en riesgo el “prestigio nacional” con el fin de justificar ante la opinión pública estadounidense la necesidad de implementar las reformas contenidas en el Plan Sexenal. Aprovechando la inusual empatía hacia los pobres en tiempos del New Deal, se construyó una imagen específica de pobreza que fuera higiénica y redimible. Ésta, sin embargo, no generó consenso entre los mexicanos. This article analyzes the public diplomacy of the government of Lázaro Cárdenas, focusing on the administration’s decision to publicize the nation’s poverty internationally, especially in the United States. This study suggests that this was an unprecedented strategy, putting “national prestige” at risk in order to explain the importance of implementing the reforms contained in the Six Year Plan, in the face of public opinion in the United States. Taking advantage of the increased empathy felt towards the poor during the New Deal, a specific image of hygienic and redeemable poverty was constructed. However, this strategy did not generate agreement among Mexicans.

Interaction of Ukrainian Diaspora and the USA Government Regarding Celebration of Ukrainian Independence Day on January 22

2018 ◽  
Vol 1 (47) ◽  
pp. 136-145
Author(s):  
Halyna Shchyhelska
Keyword(s):  
United States ◽  
House Of Representatives ◽  
The United States ◽  
100Th Anniversary ◽  
Totalitarian Regime ◽  
The Public ◽  
Us Congress ◽  
The Us ◽  
Public Consciousness ◽  
The Usa

2018 marks the 100th anniversary of the proclamation of Ukrainian independence. OnJanuary 22, 1918, the Ukrainian People’s Republic proclaimed its independence by adopting the IV Universal of the Ukrainian Central Rada, although this significant event was «wiped out» from the public consciousness on the territory of Ukraine during the years of the Soviet totalitarian regime. At the same time, January 22 was a crucial event for the Ukrainian diaspora in the USA. This article examines how American Ukrainians interacted with the USA Government institutions regarding the celebration and recognition of the Ukrainian Independence day on January 22. The attention is focused on the activities of ethnic Ukrainians in the United States, directed at the organization of the special celebration of the Ukrainian Independence anniversaries in the US Congress and cities. Drawing from the diaspora press and Congressional Records, this article argues that many members of Congress participated in the observed celebration and expressed kind feelings to the Ukrainian people, recognised their fight for freedom, during the House of Representatives and Senate sessions. Several Congressmen submitted the resolutions in the US Congress urging the President of United States to designate January 22 as «Ukrainian lndependence Day». January 22 was proclaimed Ukrainian Day by the governors of fifteen States and mayors of many cities. Keywords: January 22, Ukrainian independence day, Ukrainian diaspora, USA, interaction, Congress

THE INSTITUTIONAL EFFECTS OF LEADERSHIP: THE UNITED STATES GENERAL ACCOUNTING OFFICE AND ITS AUDIT REPORT REVIEW PROCESS

1994 ◽  
Vol 21 (1) ◽  
pp. 255-273 ◽  
Author(s):  
Onker N. Basu
Keyword(s):  
United States ◽  
Review Process ◽  
Field Research ◽  
The United States ◽  
Organizational Leaders ◽  
Audit Report ◽  
The Public ◽  
General Accounting Office ◽  
Audit Team ◽  
The Impact

In accounting research, the role of organizational leaders has been underrepresented. The limited research dealing with leadership issues has focused on the impact of leadership on micro activities such as performance evaluation, budget satisfaction, and audit team performance. The impact of leadership on the structure of accounting and audit systems and organizations has been ignored. This paper focuses on the impact that past Comptrollers General have had on the working and structure of one federal audit agency, the United States General Accounting Office (GAO). In addition, it also focuses on the influence of the two most recent Comptrollers General on one important audit related activity, i.e., the audit report review process. Using qualitative field research methods, this paper documents how the organizational leadership impacts its long-term audit practices and thereby influences auditing, especially in the public sector.

The New Economic Populism and the Future of Inequality in the United States

2017 ◽  
Author(s):  
William W. Franko ◽  
Christopher Witko
Keyword(s):  
United States ◽  
Federal Government ◽  
Labor Unions ◽  
Republican Party ◽  
The United States ◽  
The Public ◽  
Empirical Results ◽  
Income Disparities ◽  
The Face ◽  
Over Time

The authors conclude the book by recapping their arguments and empirical results, and discussing the possibilities for the “new economic populism” to promote egalitarian economic outcomes in the face of continuing gridlock and the dominance of Washington, DC’s policymaking institutions by business and the wealthy, and a conservative Republican Party. Many states are actually addressing inequality now, and these policies are working. Admittedly, many states also continue to embrace the policies that have contributed to growing inequality, such as tax cuts for the wealthy or attempting to weaken labor unions. But as the public grows more concerned about inequality, the authors argue, policies that help to address these income disparities will become more popular, and policies that exacerbate inequality will become less so. Over time, if history is a guide, more egalitarian policies will spread across the states, and ultimately to the federal government.

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