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Assuming this is correct, and I think it is, it will need to be removed root and branch throughout the several states. And this will suck because it'll ratchet the justice system yet another step towards punishment and away from mercy.
Amongst a growing list of things that I think is failed in our current Constitutional order is the pardon power. It’s too powerful. And while in theory it could do some good; I think it’s too dangerous to be allowed to exist (One Ring to Rule them All). I think it should be ended.
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You can imagine less arbitrary methods that would achieve better results, I don't see them happening in this society simultaneously with us disabling the pardon power.