Lesson Overview
This lesson examines the constitutional foundation, historical context, and modern debates surrounding presidential pardons. Students will explore notable pardons in U.S. history, evaluate contemporary controversies, and discuss and debate this executive power’s ethical and political implications.
Objectives
By the end of this lesson, students will be able to:
- Explain the constitutional foundation and significance of presidential pardons.
- Analyze key historical examples and their public and political impact.
- Assess current debates, including the Biden administration’s discussions on preemptive pardons.
- Discuss the ethical implications and potential long-term consequences of pardons, particularly in politically sensitive contexts.
- Reflect on how pardons shape public trust and perceptions of justice in governance.
Lesson Outline
1. Introduction
- Begin with a question: “What do you know about presidential pardons? Why might they be controversial?“
- Provide a brief overview:
- Constitutional Basis: Article II, Section 2 of the U.S. Constitution grants the president the power to pardon.
- Significance: Pardons can serve as acts of mercy, tools for reconciliation, or controversial political maneuvers.
- Highlight that this power is both an essential function of executive discretion and a source of ongoing debate.
2. Historical Context and Controversial Pardons
- Present a timeline of notable presidential pardons, using visuals or handouts:
- George Washington’s pardons for the Whiskey Rebellion (1795)
- Andrew Johnson’s blanket pardon of Confederate soldiers (1868). Politico
- Gerald Ford’s preemptive pardon of Richard Nixon (1974) The history channel
- George H.W. Bush’s Iran-Contra pardons (1992) TIme
- Bill Clinton’s pardon of Marc Rich (2001) Brookings
- For each, discuss:
- Public reactions and political consequences.
- Key questions: “Was justice served?” “What precedent was set?”
3. Current Debates: Biden Administration and Preemptive Pardons
- Provide an overview of the ongoing discussions in the Biden administration:
- Debate surrounding Hunter Biden’s pardon and public perception. NBC NEWS
- The balance between protecting officials and avoiding the appearance of impropriety. Newsweek.
- Consideration of preemptive pardons for officials potentially targeted by a future Trump administration. Politico
- Discuss the ethical complexities and potential consequences of issuing blanket pardons for broad groups, such as officials or associates, before any charges are formally brought. See article; The New York Times.
- Highlight parallels to historical examples like Andrew Johnson’s blanket pardon of Confederate soldiers and Gerald Ford’s preemptive pardon of Richard Nixon.
- Examine President Biden’s consideration of protecting officials who could become targets of a future Trump administration. Explore questions like:
- How do blanket pardons compare ethically and politically to individual pardons?
- Could such actions be seen as proactive safeguarding, or might they undermine accountability?
- How might a blanket pardon affect perceptions of impartial justice?
- Discussion Prompts:
- What are the motivations for issuing preemptive pardons? Are they justified?
- How do Hunter Biden’s pardon considerations compare to historical examples involving family members?
- Does granting clemency in politically sensitive cases undermine public trust?
- Are blanket pardons fundamentally different from individual pardons in terms of public perception and ethical implications?
- Should there be legal or procedural limits on the scope of presidential pardons to avoid abuse of power?
4. Group Activity: Debating Preemptive Pardons
- Divide students into groups. Assign each group one of the following roles:
- Advocates for preemptive pardons as a necessary protection.
- Opponents who view preemptive pardons as unethical or damaging to trust in government.
- Provide time for groups to prepare arguments, using historical examples and current debates for support.
- Debate Format:
- Each group presents their arguments.
- Open class discussion follows the presentations.
5. Class Discussion: Ethical and Political Implications
- Facilitate a discussion on broader ethical considerations:
- How should presidents balance personal, political, and public interests in granting pardons?
- Do pardons risk becoming tools for political gain?
- What measures, if any, could be implemented to ensure transparency and accountability in the pardon process?
6. Notable Pardons During the Trump Administration
- Discuss key pardons granted by President Donald Trump, which have been subject to significant public debate:
- Steve Bannon: Pardoned after being charged with defrauding donors in a fundraising campaign for a border wall ABC News
Paul Manafort and Roger Stone: Both key figures in the Russia investigation, Manafort was convicted of financial crimes, and Stone was convicted of lying to Congress and witness tampering NBC NEWS - Michael Flynn: Trump’s former national security adviser was pardoned after pleading guilty to lying to the FBI about his contacts with Russia. France24
- Four Blackwater Contractors: Pardoned after being convicted of killing Iraqi civilians in 2007, sparking both domestic and international outrage. The Guardian
- Steve Bannon: Pardoned after being charged with defrauding donors in a fundraising campaign for a border wall ABC News
7. Essay Questions
- How have historical presidential pardons shaped the public’s perception of executive authority? Use specific examples to support your argument.
- What ethical considerations should guide a president in issuing pardons, especially in politically sensitive cases? Discuss with reference to historical and contemporary controversies
- Compare and contrast the controversies surrounding Hunter Biden’s potential pardon with two historical instances of family-related pardons. What lessons can be drawn about such decisions’ political and ethical impact?