The problem of presidential self-pardoning has made its way into public discourse, especially after Trump’s presidency. Can a President pardon him or herself? This article argues that a President cannot self-pardon. It is hard to see by solely reading the constitution why this is the case, however. To remedy this problem, I invoke H.L.A Hart’s legal philosophy, specifically his concept of the Rule of Recognition. I argue the Rule of Recognition includes the idea that no one is above the law, inc…
Read moreThe problem of presidential self-pardoning has made its way into public discourse, especially after Trump’s presidency. Can a President pardon him or herself? This article argues that a President cannot self-pardon. It is hard to see by solely reading the constitution why this is the case, however. To remedy this problem, I invoke H.L.A Hart’s legal philosophy, specifically his concept of the Rule of Recognition. I argue the Rule of Recognition includes the idea that no one is above the law, including the president. To provide evidence for why this is the case, this article turns to a structural reading of the constitution, in which the whole can only be understood through its constituent parts.