Should Bush be allowed to preemptively pardon his administration now?

[A18]

Could Bush pardon himself?

If the literal text of the Constitution is to be taken seriously? Yes.

Article II, § 2, cl. 1: "The President . . . shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."

The only two textual limitations are the exception for "Cases of Impeachment," and the requirement that the pardon be for an "Offence[] against the United States."

[A18]

Could Bush pardon himself?

If the literal text of the Constitution is to be taken seriously? Yes.

Well is there a body of published opinion on the issue?

Of course. For a regrettable attempt to explain away the text, see Brian C. Kalt, Pardon Me?: The Constitutional Case Against Presidential Self-Pardons, 106 Yale L.J. 779 (1996). Then there's always the Constitution itself, which says something quite different.

[A18]

"But the principal argument for reposing the power of pardoning in this case [i.e., that of treason] in the chief magistrate is this—In seasons of insurrection or rebellion, there are often critical moments, when a well timed offer of pardon to the insurgents or rebels may restore the tranquility of the commonwealth; and which, if suffered to pass unimproved, it may never be possible afterwards to recall." Federalist No. 74, ¶ 4.

It's rather difficult to read this passage as not presupposing the validity of pre-conviction pardons. Not impossible, of course; but difficult.

Yes, yes; a newspaper editorial is a newspaper editorial, even when Alexander Hamilton is the author, and more than 200 years have passed since its publication date. But at least it's something. Any evidence favoring the opposite position is welcome.