By Sophie M. '28
In Article II, Section II of the United States Constitution, the President is given the right to “grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” This policy, one of the few in the Constitution modeled after the British government at the time, was created with the intention that, in the event of a breakdown in the legal system, the President could show mercy towards individuals who had received an undeserved punishment by pardoning them. Additionally, if a President felt that someone had shown due penance for their crimes and maintained a record of good conduct, they could grant them clemency from further punishment.
Many presidential pardons have occurred throughout American history, some more controversial than others. One such example is President Jimmy Carter’spardon of all men who had illegally avoided the Vietnam War draft. Carter sought to promote national healing in the aftermath of the war and help Americans move forward. More controversially, President Gerald Ford pardoned his predecessor, Richard Nixon, after the Watergate scandal. This pardon was controversial because, though Ford said he was aiming to put the scandal behind America, many believed that it was granted solely due to Nixon’s powerful position– rendering it unjust in the eyes of many.
However, in the present day, the use of pardons has increased drastically, particularly under Presidents Joe Biden and Donald Trump. Has the power gone too far? On December 1st, 2024, Biden granted a pardon for any crimes his son Hunter Biden may have committed in the past 10 years. Just 11 days later, he preemptively pardoned many more family members and political allies. A preemptive pardon, which absolves individuals of any uncharged crimes they may have committed in a certain time, is especially controversial. Critics argue that it’s hard for the President to excuse a crime without knowing what it was or if there is precedent to excuse it. Additionally, Biden’s pardoning of political allies raised concerns about setting a dangerous precedent – allowing future presidents to let important figures get away with crimes that may benefit them, even if this was not Biden’s intention.
While Biden’s pardoning spree offered an interesting insight into the power of presidential clemency, they pale in comparison to Trump’s highly controversial presidential pardons. Namely, Trump placed a blanket pardon on over 1,500 individuals involved in the January 6th attack on the Capitol, as well as for 23 people charged with crimes during protests at reproductive clinics. This blanket pardon for the January 6th rioters is frowned upon because it weakens the power of the justice system and sends the message that supporting Trump–even through violent means is more important than following the law. Similarly, the pardoning of the anti-choice protesters suggests that those supporting Trump’s agenda are excused from the law. These pardons raise concerns that during Trump’s term, he may condone violence when the courts aren’t on his side.
So, what can we learn from our two most recent presidents and their war of pardons? This power, created to show mercy and bring the country together with healing, has increasingly been used as a political device to support court cases and undermine the justice system. As we look ahead to what will undoubtedly be a chaotic four years, we must critically examine this almost unlimited presidential power and consider whether its use will ultimately do more harm than good.
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