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Letters,
Government,
Constitutional Law

Aug. 31, 2017

Presidential pardons and the separation of powers

Dean Erwin Chemerinsky asks, was President Donald J. Trump’s pardon of Joe Arpaio a violation of the separation of powers doctrine.

James Ware

Arbitrator and Mediator
JAMS

Email: jware@jamsadr.com

Prior to joining JAMS, James spent 24 years as a judge and 16 years as a civil litigator.

See more...

Dean Erwin Chemerinsky asks, was President Donald J. Trump’s pardon of Joe Arpaio a violation of the separation of powers doctrine. He poses the question because the president pardoned Arpaio for a conviction for criminal contempt by the U.S. District Court.

Dean Chemerinsky makes two important points for questioning the constitutionality of pardoning Arpaio from a criminal contempt conviction. First, Article II, Section 2 empowers ...

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