Fong said:
You are talking about a country that has an electoral college, which basically means, they 'hope' that the 'executive' (in this case) does what they tell them to do by election.
But in
this case we're talking specifically about an executive power of the Governor of California that is
independent of whatever ticket the Governor was elected on. I can understand that the people of California might wish that the Governor follows a consensus, but if they didn't wish for the Governorship to have such an executive power residing with it, they could easily have removed that power. They haven't.
On paper it is very easy for the Electoral College to go against the vote, I expect if they actually did go against the vote the consequences would be quite profound.
I understand that. Gray Davis's recall show how easily what even
perceived mistakes (the whole power-outage fiasco) can ruin political careers.
In much the same way, its easy to look at the writing on the page and say, but it says this, but when you take it in the context of how it is applied and used, well it isn't so clear. It isn't enough to say, oh but it says he can do what he likes. When the reality is not so simple. There are expectations here that a couple of people have explained.
Again, I understand that, and I understand that in the context of granting clemency, Arnie was about as likely to give a black man convicted of murder a pardon as he would be to give Pope Bendict oral relief.
You want to wave them away by resorting to what is written on the page, but america doesn't seem to work that way. Bizzarre as that is.
I don't want anything waved away.
I think you're missing my point.
My point is that Rogue Yam is stating that
because Arnie didn't campaign for the state governorship of California on a "clemency" or "no death penalty" ticket, then he has
NO scope
WHATSOEVER to exercise that executive power.
What I'm betting is that Arnie
will exercise his power of clemency at some time during his Governorship, and that it will be a political exercise, pardoning a campaign contributor who has been caught with his fingers in the moneybox, or a fellow Californian pol who's done something naughty.
I'm interested in what Rogue Yam's argument would be in such a case. Will he still insist that if the Governor wasn't elected on a "clemency" ticket then he shouldn't exercise that power? Myself, I'm willing to bet that Mr. Yam will change his tune
whenever it becomes politically expedient.
