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Full-Text Articles in Law

Pardoning Power Of Article Ii Of The Constitution, The , John D. Feerick Jan 1975

Pardoning Power Of Article Ii Of The Constitution, The , John D. Feerick

Faculty Scholarship

Following President Gerald Ford's unconditional pardon of former President Richard Nixon on September 8, 1974, claims were made that the pardon was invalid because it came before indictment and conviction. Special Prosecutor Leon Jaworski was urged to test its validity in court. Indeed, one federal judge expressed in open court the view that the public interest required the pardon's validity to be tested. The Special Prosecutor's decision not to proceed appears well founded when a review is made of the history of the President's pardoning power.


Pardoning Power Of Article Ii Of The Constitution (Continued), The , John D. Feerick Jan 1975

Pardoning Power Of Article Ii Of The Constitution (Continued), The , John D. Feerick

Faculty Scholarship

Following President Gerald Ford's unconditional pardon of former President Richard Nixon on September 8, 1974, claims were made that the pardon was invalid because it came before indictment and conviction. Special Prosecutor Leon Jaworski was urged to test its validity in court. Indeed, one federal judge expressed in open court the view that the public interest required the pardon's validity to be tested. The Special Prosecutor's decision not to proceed appears well founded when a review is made of the history of the President's pardoning power.


Unimpoundment: Politics And The Courts In The Release Of Impounded Funds, Jon L. Mills, William G. Munselle Jan 1975

Unimpoundment: Politics And The Courts In The Release Of Impounded Funds, Jon L. Mills, William G. Munselle

UF Law Faculty Publications

During the administration of President Nixon, the impoundment of funds appropriated by the Congress became not merely a means of executive economy but a tool of presidential politics. Non-judicial methods of unimpoundment lost their efficacy, and the courts became involved in the conflict between the President and the Congress in resolving the question of whether impoundment was either constitutionally or legislatively proscribed. Mr. Mills and Professor Munselle examine the process of unimpoundment both as a political phenomenon and as a legal issue. They survey the extra-judicial means of unimpoundment and then consider the resolution of that issue in the courts, …