The Presidential Pardon Power: An Overused Tool for Favoritism and Abuse

The constitutional authority of the U.S. president to grant pardons originates from Article II, Section 2 of the Constitution, which authorizes the president to issue reprieves and pardons for federal offenses, excluding cases of impeachment. Rooted in early English legal traditions, this power was discussed extensively during the Constitutional Convention. Alexander Hamilton, in Federalist No. 74, emphasized the importance of a single executive with a balanced mix of accountability and independence to exercise mercy judiciously, especially during national crises. Historically, presidents have wielded this power in both noteworthy and contentious instances. George Washington issued pardons to Whiskey Rebellion leaders in 1795 to promote national reconciliation; Abraham Lincoln used pardons liberally during the Civil War to spare deserters and sympathizers; and in 1974, Gerald Ford pardoned Richard Nixon to facilitate national healing after Watergate. Fundamentally, presidential pardons serve as a check against potential abuses within the legal system, which could be exploited for political purposes. However, in recent decades, this power has often been misused, serving as a tool ...