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A constitutional amendment could protect clemency from corruption, favoritism and political manipulation8 min read9 hours ago--Press enter or click to view image in full sizeArticle II of the Constitution gives the president the power to grant reprieves and pardons for federal offenses, except in cases of impeachment.
Courts have interpreted that authority broadly. A president may issue a pardon before or after conviction, commute a sentence and act without the approval of Congress, a court or the Department of Justice.The power does not extend to state crimes, and a pardon cannot prevent impeachment. Beyond those limits, however, presidential discretion is nearly complete. Congress may regulate the administrative clemency process, but any binding restriction on the president’s constitutional authority requires a constitutional amendment.How Presidents Have Abused ClemencyThe pardon power was intended to provide mercy, correct injustice and help the country move beyond periods of conflict. As Jeffrey Crouch documents in The Presidential Pardon Power, however, it has also repeatedly served political and personal purposes. Long before Donald Trump entered politics, presidents of both parties issued dubious pardons benefiting political…