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Imperial from the BeginningThe Constitution of the Original Executive$
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Saikrishna Bangalore Prakash

Print publication date: 2015

Print ISBN-13: 9780300194562

Published to Yale Scholarship Online: September 2015

DOI: 10.12987/yale/9780300194562.001.0001

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“The Constitutional Executor of the Laws”

“The Constitutional Executor of the Laws”

(p.84) Chapter Five “The Constitutional Executor of the Laws”
Imperial from the Beginning

Saikrishna Bangalore Prakash

Yale University Press

This chapter discusses the law enforcement power of the Executive, and explains how the pardon power complements the president's control over law execution. The Constitution's grant of executive power makes the president the nation's chief law enforcement officer. The commander in chief may use the militia to help execute the law given the consent of the Congress. Other provisions in the U.S Constitution Article II augmented president's law enforcement control, one of which is the powers of the president to grant reprieves and pardons for offences against the States (The Pardon Clause). The clause ensures that while the Congress can set statutory maximums, the president may determine what lesser penalty criminals and civil offenders will actually suffer.

Keywords:   executive power, pardon power, The Pardon Clause, law enforcement, Congress, pardons, reprieves

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