Please disable your Ad Blocker to better interact with this website.

As I’ve stated numerous times – I am not a judge, a lawyer or a Constitutional scholar, but I can read. I do know that the United States Constitution is the guide book or rule book for the national or federal government. The document defines the specific powers and duties of the federal government. It is therefore “…the supreme Law of the Land…” (Article VI, Clause 2, U.S. Constitution)

And as it states in the Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or the people.”

Combining the Tenth Amendment with Article VI, Clause 2, gives us a very clear picture of the preeminence of the United States Constitution over State Constitutions.

take our poll - story continues below

How have you been greeting people this holiday season?

  • How have you been greeting people this holiday season?  

  • This field is for validation purposes and should be left unchanged.
Completing this poll grants you access to iPatriot updates free of charge. You may opt out at anytime. You also agree to this site's Privacy Policy and Terms of Use.

Trending: Al Gore wants More Money

In other words, if something is specified in the U.S. Constitution as a duty, power or responsibility of the federal government, it will overrule any article or amendment or law in any State Constitution. And if something is not, see the Tenth Amendment.

So when I read in the Daily Wire that, “after news broke that President Trump had pardoned Dinesh D’Souza for his campaign finance violations, the New York Attorney General’s office immediately tweeted out that they’d like to pass a state law to unjustifiably jail those who had been pardoned for federal crimes,” I was naturally confused.

Never mind that D’Souza was railroaded. That doesn’t much matter to this case any longer. The fact is that President Trump has full authority under Article II, Section 2, Clause 1 of the Constitution to, “grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”

No where does it specify how many can be granted, or when he must.

The president granted Dinesh a full pardon, not a commutation, which means the entire offense D’Souza was convicted of is wiped clean.

This leads us to yet another Amendment to the Constitution, the Fifth, which states that no person, “be subject for the same offence to be twice put in jeopardy of life or limb…”

It’s commonly known as the “double jeopardy” clause and simply means that one cannot be tried for the same crime twice. I know this and I’m sure you do also. So how is it that New York Attorney General Barbara Underwood seemingly does not?

Now granted, the 73 year old AG Underwood, who is hailed as New York’s first female Attorney General, assumed the office less that a month ago (May, 8, 2018), but still, she graduated from Radcliffe College and the prestigious Georgetown Law School.

So is it proper for me to ask just what exactly they have been teaching at Georgetown law, because it at least appears to not be the Constitution.

According to every fact I presented, it is utterly immaterial for, “Lawmakers to close New York’s double jeopardy loophole.” It just wouldn’t matter. Once pardoned, D’Souza simply cannot be tried for his supposed offense twice – period.

As Ben Shapiro writes: “It’s rare to see the partisan hackery of a supposedly non-political office exposed in this way. But it’s not shocking. It merely reminds us that our instruments of judicial law enforcement are subject to political bias in radical ways.”

And I’ll go one better. It’s obvious the New York AG is afflicted with Trump Derangement, as are her federal compatriots. But I have to wonder if she really doesn’t understand the U.S. Constitution, or, like so many other radicals, simply doesn’t care.

The opinions expressed in this commentary are solely those of the author and are not not necessarily either shared or endorsed by iPatriot.com.

The Common Constitutionalist

Brent Smith, aka The Common Constitutionalist, is a constitutional conservative who advocates for first principles – the founders' original intent and enemy of progressives. He is former Navy and a martial arts expert. Smith considers himself just an average Joe with no formal journalism background – but rather than simply complain about the state of our nation, he took to the Internet to battle the left.

 

Join the conversation!

We have no tolerance for comments containing violence, racism, vulgarity, profanity, all caps, or discourteous behavior. Thank you for partnering with us to maintain a courteous and useful public environment where we can engage in reasonable discourse.

CONTACT US

Need help, have a question, or a comment? Send us an email and we'll get back to you as soon as possible.

Sending

Log in with your credentials

or    

Forgot your details?

Create Account

Send this to a friend