Another example of a preemptive pardon is Carter’s pardoning of all the Vietnam-era draft evaders.
You do raise an interesting point, tired&retired. Perhaps the Supreme Court could challenge such pardons. But I’m rather sure they won’t. A precedence has been set. And there is nothing in the Constitution to suggest that a president can’t issue such pardons.
Anyway, this is a pet peeve of mine. The Founders fought a war to get rid of a king. Then they gave the president an absolute, king-like power to issue pardons.
Something is wrong with that picture. Some sort of checks-and-balances should have been built into the process. Perhaps Congress should have the power to veto a presidential pardon just as a president can veto a congressional bill.
The problem is that the actual wording of the constitution in no way authorizes the President to grant preemptive pardons. But the issue arose at one time and was wrongly interpreted by the Supreme Court just like they wrongly interpreted the 14th amendment. We need a new court challenge.
That was pre-emptive only in that it was a pardon of people who hadn’t yet been charged. BUT their crime had already been committed and their crime was stated in the pardon. Totally different than unspecified, non-charged crimes being pardoned.
Events like Biden has done with the pardons are what moves people to violence and being vigilantes. I pray that people use their anger to change the system and not turn to violence.
This country is a pressure cooker right now.
“Some sort of checks-and-balances should have been built into the process.”
The founders did build in the checks and balances.
We have the right to vote for people we trust to do right, and the right to vote out of office people that do wrong.
And the power to impeach.