On 4 June 2018, President Trump, in the midst of expanding open examination originating from Special Counsel Robert Mueller’s examination, tweeted that he had the full and finish expert to pardon himself on the off chance that he decided to do as such. No American president has ever tried the thought. Nor has a court has ever governed on the subject of whether such an outrageous activity is permitted under the U.S. Constitution. The substantive law with regards to the President’s capacity seems clear. Article II, Section 2 of the Constitution presents pardon expert on the President for infringement of US bureaucratic law (not state laws) expressing that the President has the “ability to concede respites and pardons for offenses against the U.S., with the exception of in instances of indictment.” truth be told, one of the Founding Fathers of our nation, Alexander Hamilton, wrote in 1788 in Federalist Paper 74 that the assembly ought not be associated with the pardon choice, rather “one man seems, by all accounts, to be a more qualified gadget of the leniency of government than an assemblage of men.” That individual is the President.
Research Questions are framed in order to find out the conclusion of the research that is done. A particular issue or concern is taken into consideration which is to be investigated and then the research questions are framed so that the answers can be retrieved through conclusion. The framing of research question is important to be framed in the proper way so that the people in general understand what is the problem that is addressed and the process in which the final conclusion is obtained.
The research Question in this paper is—“Can a sitting US President pardon himself?”
Hypothesis is a propositional explanation to accept something or certain events without the supporting experimental proof yet. Reason we utilize hypothesis is to set certain expected situation, circumstance, foundation and so forth so further logical research or examination can be left on. Finding distinctive researchers built up their speculations contrastingly which are subject to the research issue, research objective(s), research question(s) and applied structure/research demonstrate. A few researchers can build up their theories dependent on research questions while some want to build up their speculations after they had drawn up the calculated system/research display.
In this case,
Null Hypothesis—No the US President cannot pardon himself
Alternative hypothesis—Yes the US President can pardon himself.
It has monitored that the US presidential pardon is limited to the offenses and crimes that has been done against the country. In the US constitution it has been mentioned that the president has the power to grant pardons as well as reprieves that have been done against the United States. However, it is noticeable that the Article II of the constitution mentions that the president will not be able to grant forgiveness in cases of impeachment. Moreover, it has also been mentioned by the court that the president can grant forgiveness, partial or conditional forgiveness, communication of the sentences as well as conditional sentences.
According to Choy and Theam, it can be said that the presidential power that has been defined by the court mentions that the president of the United States shall have the power to grant pardon to any citizen of the country. Hence, it can be said that being a citizen of the country himself, the president hence has the authority to pardon himself as well. However, it is to be mentioned that the crimes that can be pardoned by the president are only limited to the federal crimes. In cases of impeachment the president will not have any power to pardon anyone as well as himself.
In contrast to this, Flick, Uwe has opined that the legal advice that has been provided by the then president Richard Nixon in the year 1974 opposes the idea. In the suggestion it has been mentioned that the according to the fundamental rule no one can be a judge to his or her own cases. Hence, it is evident that the US president shall not have the power to pardon himself. Moreover, it is to be mentioned that in cases of any attempt of forgiving himself, the US president may face severe opposition from his own legislation.
The research design primarily refers to the techniques that are to be applied in order to collect data and gather information regarding the research question. In this regards, it can be said that the data collection and analysis methods refer to the procedure that is helpful in conducting the research in a more organized and effective way. According to Ledford, Jennifer and David, the research design hence can be regarded as the structured procedure of the research.
It can be noticed that are three major types of investigation that can be taken up by any researcher. Exploratory, Hypothesis and Descriptive are the three types of investigation (Mackey, Alison, and Susan). In this context, it can be said that the research type that will be most effective for this research will be descriptive research. It is to be noticed that in order to understand if the president can pardon himself, analysis of relevant theories and concepts are to be done. Hence, the descriptive research procedure will be the most effective one.
In order to understand the power and ability of the US president of forgiving himself, a thorough analysis has to be done. In this regard, the role of relevant theories and researches are to be regarded as important. As mentioned by Panneerselvam, a research process requires primary and secondary data. The primary data collection can be done by taking up surveys and interviews. Whereas, the secondary data collection can be done by taking up helps from the journals, books, articles and case studies.
It can be easily understood that in order to perform this research successfully, help of secondary research is to be taken (Manning, Jennifer). To understand the access and limitations of the US presidential power, theories and case studies are primarily to be referred.
It is widely known that in order to perform a research, certain ethical issues are to be kept in mind. As mentioned in the Data Protection Act, 1998, any researcher is bound to maintain the privacy of the data that have still not been published (Roskin et al). Moreover, the researcher is bound to acknowledge credits of the secondary sources that have helped in the research process. In addition to this, it should be clearly mentioned that the purpose of the research is purely academic. No logo, symbol or advertisement is to be portrayed in the research paper.
According to Rebecca Roiphe & Bruce A. Green, it is extremely difficult to determine how much power and control the sitting President has over the department of justice as well as over the Attorney General. The article of the scholar is based on the investigation of the President Trump’s campaign to Russia On the other hand, there are some other critics who claim that the President has complete power to declare his decisions and dictate the federal prosecutors. However, the article views the question of Presidential power from a historical context. It highlights that the justice department is independent of the President (Roiphe and Green.). Added to this, the American democratic discourse, has illuminated the value of the independent prosecutions. The scholars are also on the debate of how much this concept has impacted the framework of the American government. There are evidences that in the latter half of the 18th century, the federal prosecution was free from the interruption of the White House. Since the overlapping and vague nature of the lines of authority and the diffuse local nature of the federal prosecutions, the laws of federations increased in complexity, the necessity of rationalizing and consolidating the regulatory arm of the government came ultimately.
Hemel Daniel and Eric Posner suggest that the idea of whether an American President can ever pardon himself had not been tested before. It had also not been tested that whether such extreme action is accepted according to the U.S constitution. The fundamental rule says that since on one can be a judge of himself, the President can also not pardon himself. As per the views of some law professors such as Karina Tapia, the authority to be a judge of the federal crimes does not imply that the President has the authority to judge and pardon his own misconducts. The power, if given to the President would be going inconsistent with the laws of the society and allow him to involve in the worst kind of federal crimes one can imagine such as treason, terrorism and many others. It is something, which must be avoided as much as possible. Self –Pardon is something that can accelerate impeachment. Self-pardon is nothing but another name of monarchy which is destructive. Andrew Novak argues that in the constitution of U. S there is no directly addressed doctrine regarding the concept of Presidential self-pardon (Beard). It is a sheer violation of the constitutional commitments. On a contrary note, there is another perspective of considering the power of self-pardon of the President to be essential in order to take care of the laws to be executed properly. However, this self-pardoning would obviously incur the public wraths and outrages. The exercising of the power of self-pardon will also be politically unwise and inconstant with the constitution.
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Topic Selection |
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Collecting data from secondary sources |
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Designing a layout of the research work |
Yes |
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Literature Review |
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Forming the research plan |
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Selecting appropriate research methodologies |
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Analysis of collected data |
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Yes |
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Interpretation of collected data |
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Concluding the Study |
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Designing a rough draft |
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Submitting the Final Work |
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Timeline
(Created by Author)
Conclusion:
It can be concluded that in order to perform the research the help of different journals and articles are to be taken up. Moreover, the research procedure needs to take reference from the previous researches as well as the newspaper articles. In order to understand the president’s ability to pardon himself, a thorough analysis of the legislations and constitutional rules are required. It is expected that the entire research work will be completed within a span of 7 months.
Reference:
Beard, Charles. An economic interpretation of the Constitution of the United States. Routledge, 2017.
Choy, Looi Theam. “The strengths and weaknesses of research methodology: Comparison and complimentary between qualitative and quantitative approaches.” IOSR Journal of Humanities and Social Science 19, no. 4 (2014): 99-104.
Flick, Uwe. Introducing research methodology: A beginner’s guide to doing a research project. Sage, 2015.
Hemel, Daniel J., and Eric A. Posner. “Presidential Obstruction of Justice.” Calif. L. Rev. 106 (2018): 1277.
Ledford, Jennifer R., and David L. Gast. Single case research methodology: Applications in special education and behavioral sciences. Routledge, 2018.
Mackey, Alison, and Susan M. Gass. Second language research: Methodology and design. Routledge, 2015.
Manning, Jennifer E. “Membership of the 115th Congress: A profile.” (2017).
Novak, Andrew. “Transparency and Comparative Executive Clemency: Global Lessons for Pardon Reform in the United States.” U. Mich. JL Reform 49 (2015): 817.
Panneerselvam, R. Research methodology. PHI Learning Pvt. Ltd., 2014.
Roiphe, Rebecca, and Bruce A. Green. “Can the President Control the Department of Justice?” (2018).
Roskin, Michael G., Robert L. Cord, James A. Medeiros, and Walter S. Jones. Political science: An introduction. Pearson, 2014.
Tapia, Karina. “An Analysis of US President Donald Trump’s Administration Compared to Previous Autocratic Regimes.” (2018).
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