In this episode of the Let's Find Common Ground podcast, the Common Ground Committee team looks at the growing movement of bridge builders pushing back against the toxic polarization that separates us.
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Pardon who? Hunter Biden case renews ethical debate over use and limits of peculiar presidential power
Dec 04, 2024
The decision by President Joe Biden to pardon his son, Hunter, despite previously suggesting he would not do so, has reopened debate over the use of the presidential pardon.
Hunter Biden will be spared potential jail time not simply over his convictions for gun and tax offenses, but any “offenses against the United States which he has committed or may have committed or taken part in during the period Jan. 1, 2014 through December 1, 2024.”
During his first tenure in the White House, Donald Trump issued a total of 144 pardons. Following Biden’s move to pardon his son, Trump raised the issue of those convicted over involvement in the Jan. 6 storming of the U.S. Capitol, raising expectations that he may use the pardon in their cases – something Trump has repeatedly promised to do.
But should the pardon power be solely up to the president’s discretion? Or should there be restrictions on who can be granted a pardon?
As a scholar of ethics and political philosophy, I find that much of the public debate around pardons needs to be framed within a more fundamental question: Should there be a presidential pardon power at all in a democracy governed by the rule of law? What, after all, is the purpose of a pardon?
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From royal roots…
Black’s Law Dictionary, the go-to book for legal terms, defines the pardon power as, “an act of grace…which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed.” Although the power to pardon is probably as old as politics, the roots of the presidential pardon in the U.S. can be traced back to English law.
The English Parliament legally placed an absolute pardon power in the hands of the monarch in 1535 during the reign of King Henry VIII. In the centuries that followed, however, Parliament imposed some limitations on this power, such as preventing pardons of outrageous crimes and pardons during an impeachment.
The Founding Fathers followed the English model in establishing the powers of the executive branch in Article II of the U.S. Constitution. Section 2 of that article specifically grants the president the “power to grant reprieves and pardons for offenses against the United States” and acknowledges one limitation to this power “in cases of impeachment.”
But the anti-democratic roots of the pardon power were a point of contention during the drafting and ratification of the Constitution. In a 1788 debate, Virginia delegate George Mason, for example, said that the president “ought not to have the power of pardoning, because he may frequently pardon crimes which were advised by himself. It may happen, at some future day, that he will establish a monarchy, and destroy the republic.”
Mason’s concern clearly identifies this vestige of the absolute powers of the English monarchy as a potential threat to the new democracy. In reply, based on the assumption that the president would exercise this power cautiously, James Madison contended that the restriction on the pardon power in cases of impeachment would be a sufficient safeguard against future presidential abuse.
…to religious reasoning
The political concept of pardon is linked with the theological concept of divine mercy or the charity of an all-powerful God.
Pardon, as Supreme Court Justice Marshall noted in the 1833 United States v. Wilson ruling, is defined as “an act of grace.” Just as in the Abrahamic faiths – Islam, Judaism and Christianity – God has the power to give and to take life, kings wield the power to take life through executions and to grant life through the exercise of pardons.
Echoing the command of the Lord’s Prayer “to forgive the trespasses of others,” English philosopher Thomas Hobbes’ book “Leviathan” asserts that the sovereign ought to display grace by pardoning the offenses of those who, repenting those offenses, want pardon.
Yet, this analogy with divine mercy for all individuals collides with the legal principle of treating different cases differently. If all trespasses were forgiven, pardon would be granted to all crimes equally.
There would be no need for distinctions between the wrongly and the rightly convicted or the repentant and unrepentant criminal. All would be forgiven equally. Universal pardon thus violates the legal principle that each individual should receive their due. In the eyes of law, it is impossible to pardon everything and everyone.
The incognito of pardon
What Hobbes recognized, if imperfectly, is that the power of pardon is just as essential to political life as to our personal lives. It helps to overcome the antagonisms of the past and opens a path to peace and reconciliation with others. The act of forgiving, as political theorist Hannah Arendt puts it, allows us “to begin again” and to create a new future together.
But how can we reconcile this need for pardon with the impossibility to forgive everything?
One answer can be found in the work of French philosopher Paul Ricoeur. Ricoeur talks about the “incognito of forgiveness” – “forgiveness” literally translates to “pardon” in French. Acknowledging the difficulty of turning pardon into a universal legal rule or norm, Ricoeur suggests that pardon can exist only as an exception to legal rules and institutions.
Pardon, in Ricoeur’s words, “can find refuge only in gestures incapable of being transformed into institutions. These gestures…designate the ineluctable space of consideration due to every human being, in particular to the guilty.” In other words, it has to fly under the radar of rules and institutions.
This insight is alluded to by Justice Marshall in his Wilson ruling. Marshall states that pardon is “the private, though official act of the executive magistrate, delivered to the individual for whose benefit it is intended, and not communicated officially to the Court.” The pardon remains incognito, or under the radar, in the sense that it is an extra-legal act that does not pass through legal institutions.
In these last days of the Biden administration, this incognito of pardon offers an important reminder of the need for pardon as well as its limitations. The democratic transfer of power always involves an implicit act of pardon that remains incognito. It allows for a fresh start in which society can acknowledge the past transgressions of an outgoing administration, but move on with the hope to begin again.
Though critics of the president may reject individual acts of pardon, especially involving family members, society should not give up on the power of pardon itself: It brings a renewal of hope to democracy.
Editor’s note: This is an updated version of an article first published on Dec. 15, 2020.
Davidson is a professor of philosophy at West Virginia University.
This article is republished from The Conversation under a Creative Commons license. Read the original article.
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Chicago residents prepare for a second Trump administration
Dec 03, 2024
“I pledge to defend my community against mass deportation!” 500 people chanted in unison, during the Northwest Side Progressives meeting at Roosevelt High School on Nov. 16.
Chicagoans are preparing to help their neighbors push back against Project 2025, the MAGA blueprint designed to guide President-elect Donald Trump in taking on immigration, abortion rights, environmental regulations and many progressive policies. Citizens and government officials outlined what local, state and federal actors can do to protect their communities.
The meeting was hosted by United Northwest Side, an independent political organization working to improve government transparency, end environmental racism, increase affordable housing, attain fair wages and better education, and make neighborhoods safer.
“I came because, like many people in my neighborhood, I was concerned about the outcome of the elections — it wasn’t what I was hoping for. I want to start focusing on things that I can do to take my own power back,” said Heather Bannon, a volunteer at the event.
During this public meeting, citizens divided into 10 breakout groups concerning immigration, housing, community safety, environment, gender justice, democracy, education, economic justice, health care and international security. With motivation and energy, attendees promised to get to work to fight back against what they consider an oppressive administration.
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“People!” “Power!” “People!” “Power!” chanted the crowd, along with Cook County Commissioner Anthony Quezada, who represents the 8th district. “Due to the extremist nature of Trump’s far-right administration and their Project 2025 playbook, we must consider the safety and well-being of many communities,” he said.
Project 2025 is a conservative policy roadmap produced by the Heritage Foundation. The many proposals include mass deportation, weakening the FBI and Department of Justice, expanding non-renewable energy production, removing the Department of Education, and cutting government spending. Although Trump has distanced himself from Project Trump during the campaign, MAGA allies admitted after Trump won the White House on Nov. 8, that Project 2025 will be implemented. And a number of people Trump has tapped for roles in his administration were involved in developing Project 2025.
Illinois and Chicago are heavily Democratic and already have many policies in place they say protect people, including the codification of reproductive health care or sanctuary city status. Government officials promised they would continue working toward policies already underway, such as the earned income tax credit expansion, the child tax credit, protecting the immigrant community, expanding Medicaid, driver’s licenses for legal non-citizens, and the 1115 waiver.
“We’re setting a model of what a blue wave could look like and what a progressive agenda needs to be,” said Aquino.
The attendees sought to know how to fight back against Immigration and Customs Enforcement, especially in schools. The principal of Roosevelt High School, Daniel Kramer, testified that his students were traumatized by the election. Gayle Hammer, a teacher at DeWitt Clinton Elementary School, also expressed that some of her students feared Trump’s policies.
“One of my students was feeling sad because her parents told her they might have to move back to Venezuela,” said Hammer.
Schools are a safe space for students and ICE is not allowed inside, school administrators reminded the crowd. Moreover, they said, the Chicago Police Department should not have any communication with immigration authorities, a benefit gained from the sanctuary city status.
“Trump doesn’t care about laws or politics, and they’re going to go strong against immigrants,” said Mildred Ponce de Leon, an attendee. “So, do we have a plan to be there for those who will be rounded up?”
Local community organizations, especially the Illinois Coalition for Immigration and Refugee Rights and Palenque LSNA, are designing a roadmap on how to fight against mass deportation and protect individuals vulnerable to expulsion. Rapid response teams, community defense committees and a family support hotline are set up and will be further developed.
Breakout groups discussed how to continue ongoing programs with less federal funding, such as community policing, reproductive or gender-affirming care, and sustainable infrastructure. For example, they talked about Trump’s intent to privatize affordable housing, meaning the Department of Housing and Urban Development would decrease its allocation of funds.
“This will severely impact what is already a housing crisis,” said Fuentes. “We are watching individuals who are experiencing street-based homelessness and know families that are a paycheck away from homelessness, the more we privatize housing, the more we target our market towards the elite.”
Residents also raised concerns about the normalization of racism, misogyny and xenophobia within Trump’s Cabinet and among his supporters. The term “textbook fascism” came up multiple times to describe what a second Trump term would look like. Administrators reminded the attendees that they can still oppose and fight against this normalization on a local level.
Aside from laying out actions and measures Chicagoans can do to protect their neighbors, the main message of the meeting was one of unity and solidarity. Neighbors were hugging each other, elected officials were leading chants, and the attendees pledged to protect vulnerable communities.
“We have so much power in this room, and we have built that power from the bottom up!” said Ramirez Rosa.
Huot-Marchand is a graduate student at Northwestern University’s Medill School of Journalism.
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Beyond the stereotype: An Alpha's witness to enduring leadership
Dec 03, 2024
As another election season draws to a close, I find myself reflecting on a familiar refrain — one that has grown all too weary with age. It is the lamentation of the allegedly apathetic African American male, a narrative that persists in depicting my brothers as disengaged and disinterested in shaping our collective future.
As a minister, a professor and a proud, 28-year member of Alpha Phi Alpha Fraternity, I am here to tell you that this stereotype is as damaging as it is inaccurate. It is a misrepresentation that not only erases the fundamental contributions of Black men but also absolves our broader society of its responsibility to dismantle the systemic barriers that hinder true equality.
I have dedicated my life to the pursuit of justice, to the empowerment of marginalized communities and to the fostering of difficult yet necessary dialogues around race and inequity. Through it all, I have consistently found my brothers, my fellow Alphas, standing shoulder to shoulder with me on the frontlines of change.
Alpha Phi Alpha, the first intercollegiate Greek-letter fraternity established for African Americans, was founded on a bedrock of service, scholarship and social justice. From our inception on Dec. 4, 1906, at Cornell University in Ithaca, New York, we have understood that the fight for true equality demands more than sporadic outrage; it requires strategic mobilization, institutional building and an unwavering commitment to the uplift of our people.
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Our legacy is one of transformational leadership. Alphas have left an indelible mark on American society, includingMartin Luther King Jr., Thurgood Marshall, Duke Ellington and Langston Hughes to name a chosen few. These men, and countless others like them, didn't simply bemoan the challenges of their time; they actively organized, advocated and broke down barriers, often at significant personal cost.
Today, that legacy endures. Through our "A Voteless People is a Powerless People" campaign, Alphas has worked tirelessly to educate, register and mobilize Black voters nationwide. We recognize that true power lies not merely in protest but in the ability to shape policy, hold elected officials accountable and ensure our voices are heard in the halls of power. Beyond the political realm, our "Go to High School, Go to College" initiative has inspired generations of young Black and Brown boys to pursue academic excellence and understand education as a liberating force. Through mentorship programs, scholarships and community outreach, we are helping to cultivate a new generation of leaders — men who understand their potential and their responsibility to uplift their brothers and their communities.
Yet, despite this rich history and ongoing commitment to service, the stereotype of the apathetic Black man persists. African American men have always understood the stakes of our struggle. We've always known that freedom is not a destination but a journey that demands constant vigilance, strategic action, and an unwavering belief in our inherent worth and dignity, even in the face of systemic racism and discrimination.
Along with 10,000 men worldwide, I’m pleased to model a brand of leadership that is not merely reactive but proactive — that understands the power of collective action, the importance of institution-building and the enduring value of service to others. So, America, let's move beyond the tired stereotypes and lazy narratives. I invite you to recognize African American men's accurate and abiding contributions, not just as occasional voters but as steadfast leaders, organizers and change-makers.
In celebration of the fraternity's founding by our Seven Jewels — Henry Arthur Callis, Charles Henry Chapman, Eugene Kinckle Jones, George Biddle Kelley, Nathaniel Allison Murray, Robert Harold Ogle and Vertner Woodson Tandy — we celebrate their legacy and all who've come before us. Together, we wholeheartedly commit to inspiring a new generation to embrace the challenge and the privilege of leadership in their communities and world. Remembering the most accurate measure of a people is its ability to survive, thrive, transform and leave the world better than it found it. Such is the Alpha way:
“First of All, Servants of All, We shall transcend All.”
Johnson is a United Methodist pastor, the author of "Holding Up Your Corner: Talking About Race in Your Community" and program director for the Bridge Alliance, which houses The Fulcrum.
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Ensuring equity and sustainability: Government's role in health care
Dec 03, 2024
Health care stands at the crossroads of innovation and necessity. To function productively, our nation requires health care that is compassionate, equitable and accessible to all. As challenges such as rising costs, disparities in access and sustainability strain the U.S. health care system, government involvement emerges as a critical pillar in ensuring its viability.
In this episode of “Humanizing Healthcare,” we explore how public policies, funding mechanisms and regulatory oversight are not just components of health care but essential drivers of systemic progress. Our conversation highlights the government's role in balancing competing interests: fostering innovation while protecting vulnerable populations, managing costs without compromising quality and ensuring health care equity in the face of widening social divides.
Join me and Dr. Robert Pearl, bestselling author of “ChatGPT, MD” as we discuss how government collaboration with health care providers, insurers and communities can create a sustainable future. Together, we address pressing questions: How can public funding enhance the infrastructure and workforce to meet growing demands? What policies can better ensure equitable access across diverse communities? And how can we align incentives to prioritize outcomes over profit?
This episode is a must-listen for policymakers, health care professionals, and anyone invested in a fairer, more effective health care system.
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Malone is founder of Fidelum Health
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