In a recent article in the New York Times, Peter L. Markowitz, a professor at Benjamin N. Cardozo School of Law, drew attention to the fact that President Obama is able, through the constitutional pardon power of the President, to grant undocumented immigrants unconditional pardons for their civil immigration violations, thereby irrevocably protecting them from punishment and prosecution while leaving the law unchanged related to all other current or future offenders. The example Markowitz cited was President Jimmy Carter’s pardon of around half a million men who had violated draft laws to avoid military service in Vietnam. He pointed out that other past presidents, including Washington, Jefferson and Lincoln, also granted broad amnesties from prosecution to large groups in the public interest. Such a proposal brings to mind the saying that there is nothing more powerful than an idea whose time has come. Could this be such an idea?

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