On the meaning of "No Kings"

Someday, the Trump era in these dis-United States will be over. If something like the Democratic Party writ large inherits the ruins of constitutional government, leaders will have to try to figure out how to achieve some measure of accountability for the Trumps, hangers-on, and oligarchs who trashed the nation. And we can be sure that Donald Trump will attempt to hamstring accountability by granting mass pardons to every swindler and crook who enabled his regime. After all, he's selling pardons right and left these days.

And the president's constitutional pardon power, which he enjoys by holding the office, seems close to absolute: it reads “he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” 

The Founders may have thrown off one king, but they erred in embedding this absolutist fragment in the fundamental law they gave us. So long as we have this Constitution, the only way to stop giving the President and his cronies a "get out of jail free card" is to amend this grant of absolute power -- and that's near to impossible. 

But if we're serious about restoring the rule of law to this country, we have to do something to curb the pardon power. Otherwise the crooks win. Brian Beutler offers a potential path forward: 

... the pro-democracy movement [should try] to build mass support for amending the pardon power now, in the midst of a civic emergency. In a dream scenario, the movement succeeds, and Trump loses the unconditional pardon power before he can abuse it to bring the whole Constitution down. In a likelier scenario, where the movement “fails” to accomplish its nominal goal, a Fight The Power -- or (sorry) Neg Your Pardon movement -- could still surface a great deal of ongoing corruption, and use the corruption as a political wedge. 

Do Republicans really want to be caught opposing sensible limits on the pardon power? No autopardons? No preemptive pardons? No pardons without acceptance of guilt or proof of innocence? Do they want to stand for the idea that Trump should be able to pardon himself for accepting bribes? That he should enjoy blanket immunity to commit official crimes, and then pardon himself for the non-official ones? Well, that’s up to them.

Getting something like this off the ground would require three things: first, a respected House Democrat and a respected Senate Democrat ... to write and introduce the amendment, then use procedural privileges to force repeated votes on it. Second, a campaign to advance the idea in all 50 states. Third, aspiring Democratic presidential candidates to endorse it. 

The cause is urgent and morally righteous. It would also be popular. And, as a matter of realpolitik, it would provide Democrats at all levels (including those wannabe presidents) an opportunity to distance themselves from Joe Biden. Republicans will bellow whataboutism: Whatabout Biden, who preemptively pardoned his family? As they hop aboard, Democrats could preempt those cries. ...

Perhaps we can't actually succeed in amending the Constitution to get rid of this monarchical anachronism. But we should be able to make corrupt use of the pardon power stink to high heaven. That's a gift from Donnie the Grifter to the pro-democracy movement. And taking up the amendment fight, even if we can't complete it, is how we (Dems?) show we are serious when we say "No Kings." 

Let's keep this in mind along with all our other demands in this difficult moment.