Friday, December 29, 2006
It's funny-- the most important thing that Gerald Ford did as president has mostly been completely overshadowed by the thing that he did that had the smallest effect on most of us. I'm fine with the Nixon pardon-- it was within his power, and the reason the executive was given that power is that sometimes the legal system should stop grinding away. Our glamor profession likes think that we are in the Justice business, but we don't have a monopoly on it-- and in fact, what we are really more about is dispute resolution. Mostly we get it right, and justice is done, but not always, and certainly not inevitably. Sometimes achieving a just result requires a little bit of a nudge, and that's where the pardon power comes in. Nixon resigned. The need for impeachment and removal was obviated. Criminal prosecution for whatever-- obstruction of justice, I suppose-- would have merely served to drag the divisiveness out. In a way, it has been dragged out anyway. The culture wars that we are living through now, the Red State/Blue State stuff, the fact that the political system has devolved into partisan absolutism-- this is all a residue of the Nixon years, and is what Ford was trying to prevent.
The Pardon became a symbol for the Ford Presidency, and will be what he is remembered for, but I'm going to think about the appointment of John Paul Stevens whenever I think of our 38th President. The way I see it, preserving the Union and making a solid SC pick is a pretty successful Presidency. (Link courtesy of The Volokh Conspiracy)
The Pardon became a symbol for the Ford Presidency, and will be what he is remembered for, but I'm going to think about the appointment of John Paul Stevens whenever I think of our 38th President. The way I see it, preserving the Union and making a solid SC pick is a pretty successful Presidency. (Link courtesy of The Volokh Conspiracy)
// posted by Bill @ 10:43 AM 
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