A proposed 28th Amendment to the Constitution of the United States of America
Last edited Thu Jan 21, 2021, 07:38 PM - Edit history (1)
I present for your consideration the following modest Proposal:
The XXVIII Amendment to the Constitution of the United States of America, an amendment concerning limits and conditions on the power of Presidential Pardon, as described in Article II of the United States Constitution (Section 2, Clause 1).
Section 1
The power of Presidential pardon as described in Article II of the United States Constitution (Section 2, Clause 1), which provides the President the Power to grant Reprieves and Pardons for Offenses against the United States of America shall be amended to include the following conditions, exclusions, extensions, and limitations.
Impeachment for High Crimes and Misdemeanors of any elected or appointed official of the United States of America, as defined in Articles I, II and III of the United States Constitution, shall not be considered as an act of the United States of America Judicial Branch. It shall be considered an act of the United States of America Legislative Branch, as defined in Article I of the United States Constitution. The protections provided under the V Amendment to the Constitution of the United States of America against a subject for the same offense to be twice put in jeopardy of life or limb shall not apply to Impeachment proceedings.
Section 2
No pardon shall be granted to any person proven guilty of the high crimes of Treason or Sedition against the United States of America, as defined in Article III, section 3, of the Constitution of the United States of America shall be eligible for Presidential pardon.
The power of Presidential pardon does not extend to Impeachment by the Congress of the United States of America.
A sitting President may not pardon themselves for any High crimes or Misdemeanors committed against the United States of America, before or during their tenure as President of the United States.
A sitting President may not pardon any Advisor or Immediate Family member for any High crimes or Misdemeanors committed against the United States of America, before or during their tenure as President of the United States.
A sitting president may not pardon any elected or sworn civilian federal Official for any High crimes or Misdemeanors committed against the United States of America during the sitting president’s tenure in office.
Section 3
The power of Presidential Pardon is restricted to high crimes and misdemeanors against the government of the United States of America. The power of Presidential Pardon shall not extend to persons found guilty of High Crimes and Misdemeanors against the several states and territories of the United States of America.
No Presidential Pardon for any crime against the United State of America may be issued until all Judicial Remedies on the part of the appellant have been exhausted in the Courts of the United States of American, as defined in Article III of the Constitution of the United States of America.
The power of Presidential Pardon is shall extend to high crimes and misdemeanors committed by sworn members of the Military of the United States of America. No Presidential Pardon for any conviction for violations of the Uniform Code of Military Justice, or its successor documents, shall be granted until all Remedies on the part of the appellant have been exhausted in the Uniform Code of Military Justice of the United States of American, or its successor documents. The power of Presidential Pardon shall not extend to convictions under the Uniform Code of Military Justice, or its successor documents, for “Violation(s) of the Law(s) of War”, as defined by the Congress of the United States of America.
Denial of a Presidential Pardon to the appellant by the President of the United States shall be permanent and final. This denial of Presidential Pardon is binding on all future Presidential Office Holders Aeternum.
Section 4
All requests for Presidential Pardon shall be tendered by the Appellant to the Presidential Pardon Bureau of the United States of America in accordance with any and all enabling legislative acts.
The Presidential Pardon Bureau of the United States of America shall review the Presidential Pardon appellant documents to determine their completeness and compliance with all Statutory and Constitutional requirements. This review shall occur Posthaste and contain no argument as to its merit or the efficacy of the submitted documents.
The Presidential Pardon application, if found lacking in its completeness and compliance with all Statutory and Constitutional requirements, shall be returned to the appellant for correction. The Presidential Pardon application, if found in compliance with all Statutory and Constitutional requirements, shall be forwarded to the Office of the President of the United States of America for due consideration.
Amicus Curiae briefs shall be submitted to the Presidential Pardon Bureau of the United States of America, by all interested parties, no later than 30 calendar days after the transmittal of the Presidential Pardon application by the Appellant to Presidential Pardon Bureau of the United States of America.
Amicus Curiae briefs shall be reviewed by the Presidential Pardon Bureau of the United States of America for applicability, cogence, and efficacy prior to inclusion with the appellant Presidential Pardon application.
Amicus Curiae briefs found to be lacking by the Presidential Pardon Bureau of the United States of America for applicability, cogence, and efficacy shall be excluded from the appellant Presidential Pardon application.
A Committee of Presidential Pardon Review and Annulment shall consist of 7 members of the United States House of Representatives, 7 members of the of the United States Senate, 2 members of the Judiciary of the United States of America, and 1 Justice of the United States Supreme Count.
The Committee of Presidential Pardon Review and Annulment members shall serve for a period of one Calendar Year. This Calendar Year shall begin on January 1 of each year and sitting members of the committee shall be eligible to serve no more than three consecutive terms.
The Supreme Court Justice shall preside over the Committee of Presidential Pardon Review and Annulment, and act as its Chairperson.
Presidential Pardons shall be referred to the Committee of Presidential Pardon Review and Annulment when a written Request for Presidential Pardon Review is submitted by one of the following bodies:
A request is made by 21, or more, sitting members of the United States House of Representatives, with the concurrence of the Speaker of the House.
A request is made by 5, or more, sitting members of the United States Senate.
A request is made by 3, or more, sitting Justices of the United States Supreme Court.
A request is made by 3, or more, sitting members of the Joint Chiefs of Staff of the United States Military for Presidential Pardons of High Crimes and Misdemeanors adjudicated under the United States of America Uniform Code of Military Justice.
The Committee of Presidential Pardon Review and Annulment shall have 60 Calendar days to render a decision on the subject Presidential Pardon. Failure to render a decision within the proscribed 60 days shall constitute tacit approval of the subject Presidential Pardon.
The Committee of Presidential Pardon Review and Annulment rendering a decision of non-concurrence with the Presidential pardon shall result in the Presidential Pardon being annulled and once so annulled, the original terms of the adjudicated sentence restored to the appellant.
The Committee of Presidential Pardon Review and Annulment rendering a decision of concurrence with the Presidential pardon shall result in the Presidential Pardon being granted to the appellant, and no further actions my be taken on this pardon.
An appellant may withdraw their application for Presidential Pardon at any time, without prejudice.
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Thank you, I'm impressed!
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