David Adams of the Bluegrass Institute (my former employer) is asking for nominees for the worst public policy idea for 2008. My suggestion (so far, anyway) is this:
“The governor supports a constitutional amendment limiting the governor’s pardoning power, but whether it is taken up during this session or next has yet to be determined,” said Vicki Glass, spokeswoman for [Gov. Steve] Beshear.
First, I have serious doubts about that Beshear actually supports limiting his own power to pardon. That may be why he supports that particular restriction coming only in the form of a constitutional amendment. Otherwise, he might simply opt to sign an affidavit indicating that he will not execute pardons in the manner that he would like to see prohibited. That’s a quick fix that doesn’t require an unlikely constitutional amendment.
But the bigger problem on restricting a governor’s ability to pardon is that the pardon power is meant to be a check on a legislative or judicial action that has imprisoned or charged someone unjustly. If the pardon power is restricted, that check is less effective.
I’ll admit: Beshear may simply be another Ernie Fletcher when it comes time to consider a pardon. He may use the pardon power to shield his friends from scrutiny. The idea has fallen out of favor, but I still believe that it is better that 99 guilty men go free than one be imprisoned unjustly. I have a feeling that after seeing how Ernie Fletcher’s pardons worked out for him politically, Beshear and future governors will think twice before using a pardon to stem a burdensome investigation.
