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あらすじ・解説
The presidential pardon is one of the most extraordinary powers granted to a head of state. In the United States, it is an exclusive authority bestowed upon the president, enshrined in the Constitution under Article II, Section 2. This power allows the president to offer clemency for federal crimes, a mechanism intended to temper justice with mercy and provide a pathway for forgiveness or reconciliation in the legal system. However, its application has not been without controversy. Over the course of American history, this singular privilege has been used to promote healing during national crises, correct perceived judicial overreach, and, in some instances, raise profound ethical and political concerns. The pardon power traces its roots to English common law, where monarchs exercised clemency as an expression of divine right. In drafting the Constitution, the framers adapted this practice, granting the president a limited version of this authority. Alexander Hamilton, in Federalist No. 74, argued for its inclusion, asserting that “in seasons of insurrection or rebellion, there are often critical moments when a well-timed offer of pardon…may restore the tranquility of the commonwealth.” Hamilton envisioned the pardon as a practical tool for governance, capable of resolving crises and mitigating the harshness of law in exceptional circumstances. From its first use by George Washington to quell the Whiskey Rebellion to Joe Biden’s recent pardon of his son Hunter Biden in 2024, this power has shaped the course of American politics and legal precedent. Presidents have used clemency to address complex issues, such as postwar reconciliation, political dissent, and systemic injustices. Yet, with great power comes great scrutiny. Decisions to pardon have frequently sparked heated debates, raising questions about fairness, accountability, and the potential for abuse. Perhaps the most compelling aspect of the presidential pardon is its duality. On one hand, it serves as an instrument of compassion, offering individuals a chance for redemption. On the other, it is a stark reminder of the concentration of power in the executive branch, capable of overriding the judiciary and unsettling the balance of democracy. Controversial pardons, such as Gerald Ford’s clemency for Richard Nixon after Watergate or Donald Trump’s pardons for political allies, illustrate the profound implications of this power when wielded in divisive contexts. The history of the presidential pardon is a story of both idealism and pragmatism, of justice tempered by mercy, and of power exercised in ways that reflect the character of those who hold it. This series will explore the evolution of this unique authority, tracing its origins, its most pivotal moments, and its ongoing significance in American governance. The narrative culminates with the unprecedented pardon of Hunter Biden, offering a timely lens through which to examine the enduring questions surrounding clemency: When is it justified? Who decides? And what does it reveal about the nature of leadership and justice? The origins of the presidential pardon power lie in the English tradition of royal clemency, a prerogative of the monarchy dating back centuries. In England, kings and queens exercised the right to pardon subjects for crimes against the crown, often as a demonstration of their divine authority or as a tool for maintaining social order. This power was central to the idea that the sovereign could temper justice with mercy, balancing the rigidity of the law with the humanity of the ruler. The framers of the U.S. Constitution drew heavily from this tradition but adapted it to fit the emerging republic’s values and structure. During the Constitutional Convention in 1787, the pardon power was a subject of considerable debate. Proponents, like Alexander Hamilton, argued that clemency was essential for a functional and compassionate justice system. In Federalist No. 74, Hamilton contended that the power to pardon must reside in a single executive to ensure swift and decisive action. He pointed to times of rebellion or insurrection when offering clemency could prevent further unrest, restore order, and bring about reconciliation. Hamilton envisioned the pardon as a tool for exceptional circumstances, a failsafe against overly punitive applications of the law. Opponents of the pardon power raised concerns about its potential for abuse. Delegates like George Mason warned that an unscrupulous president might use clemency to protect cronies or cover up wrongdoing, undermining the justice system and eroding public trust. Mason’s fears were grounded in historical abuses by English monarchs, who had occasionally used pardons to reward loyalty or escape accountability. Despite these concerns, the framers ultimately adopted a broad pardon power, believing that the benefits of clemency outweighed the risks. The first presidential pardon was issued by George Washington in 1795 to...