What are presidential pardons?
What are presidential pardons?
The U.S. Constitution grants the President the power to absolve people convicted of federal crimes. This power comes from Article II, Section 2, which says the President can grant “reprieves and pardons” except for impeachment cases. This is one of the only powers granted to the Chief Executive that is not checked by another branch of government. While nearly unbounded in the context of federal crimes, this power does not extend to state-level offenses.
Why are we talking about presidential pardons?
Presidential pardons have received an unusual amount of attention in the last year, and for good reason – actions by both President Biden and President-Elect Trump have raised questions about the expansive nature of this power.
In December 2024, President Biden pardoned his son, Hunter Biden, after a federal tax and firearm conviction, reversing a prior commitment to respect the court’s judgment and showing clear preferential treatment toward a family member. President-elect Trump has indicated he intends to pardon some of those charged or convicted for storming the Capitol on January 6, 2021, potentially including those who engaged in violence to disrupt the certification of the 2020 election.
Why do presidential pardons matter?
Unchecked Power: The President’s power to pardon is nearly unlimited. Unlike other presidential powers, such as issuing executive orders (which can be challenged in court) or military action (which require Congress’s approval for funding), pardons cannot be undone or challenged. This gives the President a unique ability to act without any oversight, raising concerns about accountability.
Threat to the Rule of Law: The rule of law is the idea that everyone should be treated equally under the law, no matter who they are. Pardoning family members or political allies directly undermines this principle. Presidential pardons were intended to allow for mercy and compassion, not to create an alternative justice system for those close to the President.
Permission to Break the Law: Pardoning those who have used violence to support a President’s priorities sends a dangerous signal that lawless behavior will be excused as long as it serves the interest of the President. This can create implied permission for all kinds of crimes (ie. “do what I need done, and don’t worry about the consequences – I’ll make sure you aren’t held accountable”). This is a tactic used by authoritarians all over the world, and it matters a lot.
What can be done about presidential pardons?
The beautiful thing about living in a democracy is that something can always be done. In this case, here are a few things to consider:
Individual action → Review principles one and six of our Democracy Principles and then, if appropriate for you, sign as an individual and encourage your Jewish institutions to do so as well. The more we share a common language and vision for a healthy democracy, the easier it will be to realize.
Organizing and individual action → Presidents are accountable to the people at the ballot box. One way to express satisfaction or dissatisfaction with a president and their party is by voting in every election – federal, state, and local. In 2025, there are more than 90,000 open seats on the ballot across the country. This year, we can buck the trend of low turnout for local elections with concerted efforts to get people excited and engaged.
Policy advocacy → Congressman Steve Cohen (TN-9) recently reintroduced a proposed constitutional amendment directly limiting the presidential pardon power. This would need to be approved by three-quarters of both the House of Representatives and the Senate, and then by three-quarters of all state legislatures.
Policy advocacy → The Abuse of Pardon Prevention Act, yet to be introduced in this Congressional session, intends to clarify the role of Congress as a check on pardon power by enhancing transparency around the granting process, clarifying the prohibition on self-pardons, and ensuring pardons cannot be used in bribery schemes
