Response to Post 1

As the NPR article from post 1 explained,
"The case has attracted extra attention because of Trump's comments that he could possibly pardon his onetime campaign chairman Paul Manafort and other Trump associates who have been — or could be — convicted in prosecutions brought by Mueller.  Presidential pardons, it should be noted, only apply to federal crimes. So, under current law, a state like New York, for example, could go after Manafort for the same crimes under state laws.  These concerns, he noted, extend from the president down to governors or local prosecutors. They could "bestow great gifts upon friends or family by rushing to prosecute them for certain crimes," Saltzburg pointed out, by obtaining minimal punishments.If the Supreme Court were to bar dual prosecutions, "there is a concern that a president of the United States could pardon an individual for all federal offenses" and it would effectively be a "pardon for everything," said George Washington University Law professor Stephen Saltzburg, who served as deputy assistant attorney general in the Reagan and Bush administrations.  That would be "cutting off" the ability of the federal government to bring prosecutions, for the same conduct, particularly in corruption cases."

Your follow up question to post #1 is:
What can keep a president from misusing or overusing their pardoning power? Are their enough checks in place to keep the president from misusing their power to pardon?

You are not required to do additional research for this post.  

Please post before Saturday, 12/22.  Thanks and have a nice break!

Post 1 for Tri 2 - due 12/14

The double jeopardy clause in the Fifth Amendment to the U. S. Constitution provides that "No person shall ... be subject for the same offense to be twice put in jeopardy of life or limb."  However as PBS explains, "there is a 170-year-old exception to the double jeopardy clause known as the separate sovereign exception. That is, if two sovereign states — and the United States, they are allowed to do the double prosecution or two states, which are also separate sovereigns, they could do it as well."


Listen to or read the following story from National Public Radio and the one cited abouve from PBS about the Supreme Court's current case on the issue of Double Jeopardy.  The article summarizes the case before the Supreme Court and its potential implications on the Mueller investigation of the president.

Pretend you are on the US Supreme Court:

Should the federal and state courts have the power to prosecute someone for the same crime even though they broke the law in multiple jurisdictions?  

In your answer you need to reference the Constitution and at least one news article in your answer. 

Your post is due by Friday, December 14th.