Timothy Birdnow

Was this always the goal?

Yes, I know; Biden pardoned Hunter to protect not just his son but himself. However, he's not getting support from Democrats, who now want to limit the power of the President to pardon. Now why do you suppose that is? When has the Democratic party cared about anything but power?

We know why; Trump may have to use it liberally during the next four years, most especially on himself and his people. The Democrats know this, and so hope to take that tool from him.

Lawfare doesn't work unless you can make the fake charges stick. People no longer trust anyone in government, not the legislators, the bureaucrats, and not the law enforcement nor the judges. In times past just charging someone would be enough; not now. They made it so obvious that the public actually increased their support for Trump with every new charge against him. And so they cannot use public perception - they need to actually be able to convict and incarcerate. They still dream of watching Trump have the jail door slammed in his face while they jeer at him.

This stand against Biden for the pardon is but fained outrage. Biden has outlived his usefulness so they don't mind taking pot shots at him "for the greter good". They need to change the law so they can keep the lawfare dream alive.

So why did the Founding Fathers put that power into the Constitution in the first place? Simple; to act as a check on the power of the judiciary. They were putting a judiciary in place that had lifetime appointments and they feared it could use their power as jurists to do exactly what the Democrats have done to Trump - use it to manipulate the political landscape so as to empower themselves. They didn't have to run for office,but they still could want to steer the nation in a direction that the general public did not want. For that matter the judges are appointed and a string of bad Presidents could subvert the judiciary so much that we find ourselves in just the situation we are in now, with pet judges issuing rulings that are entirely political in nature.

So the Presidential pardon was put in place to overturn misrule by judges and the courts.

But we've nigh unto deified the judiciary, giving them the final say on just about everything. Congress no longer has to take controversial action - they just hand it off to the courts and get what they want that way. The courts have power far beyond anything even Alexander Hamilton wanted. (Hamilton argues in the Federalist Papers that the judiciary was far and away the weakest branch of govnerment, having neither money nor enforcement power, and that their sole power was psychological in their judgements. He clearly didn't understand how partisan they would become, and how much power they would grab for themselves. For instance,the idea of judicial review of the constituionality of laws was not part of the original constitution at all but was asserted by the Chief Justice,John Marshall, in Marbury v. Madison. In other words, he just granted himself the power to do that. Congress didn't act to stop him either. Congress is much like Adam in the Genesis story; they, like Adam, are weak and willing to let others tell them to do bad things. As steeped in the Bible as the Founders were I would think they would have realized this was going to happen, but they didn't.

At any rate now the Democrats are finding their moral outrage when they think it will benefit their august selves.

Posted by: Timothy Birdnow at 09:44 AM | Comments (2) | Add Comment
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