The presidential pardon authority, outlined in Article II, Section 2 of the U.S. Constitution, grants the president the power to forgive federal offenses, excluding cases of impeachment. Rooted in English legal traditions, this authority was debated during the Constitutional Convention. Alexander Hamilton, in Federalist No. 74, emphasized that a single executive, with its blend of accountability and independence, could exercise mercy effectively, especially amid national crises.
Historically, presidents have wielded this power in both notable and controversial instances. George Washington issued pardons to Whiskey Rebellion leaders in 1795 to promote unity; Abraham Lincoln used pardons during the Civil War to free deserters and Confederate sympathizers; and Gerald Ford pardoned Richard Nixon in 1974 to aid national healing.
Primarily, the pardon power serves as a check against a potentially weaponized justice system targeting citizens for political reasons. However, in recent decades, its use has often appeared to serve personal or political interests. Presidents have granted clemency to close associates: Bill Clinton pardoned his half-brother, while Donald Trump pardoned allies ...
The presidential pardon power and its abuse in modern politics
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