Presidential Pardons

Constitutional Authority, Controversy, and Ethical Implications.

Abstract

The presidential pardon is a constitutionally granted executive power that has long been controversial, straddling the line between legal authority and public ethics. This article examines the historical and constitutional foundation of the pardon power in the United States, tracing its origins from the English monarchy and its evolution through crucial Supreme Court cases, including Ex Parte Garland (1866), United States v. Klein (1871), Burdick v. United States (1915), Armstrong v. United States (1960), and Schick v. Reed (1974). These decisions affirmed the president’s unilateral authority over pardons, essentially free from congressional interference. The analysis highlights significant and controversial uses of the pardon, such as Gerald Ford’s pardon of Richard Nixon post-Watergate, which initially faced substantial backlash but later gained approval. In contrast, George H.W. Bush's pardons related to the Iran-Contra affair and Bill Clinton's pardon of Marc Rich sparked accusations of political cronyism, raising ethical questions about executive clemency. More recently, Donald Trump’s pardons of political allies reignited debates over the use of pardon power, especially within the context of social media. The article also discusses examples aimed at national reconciliation, such as Jimmy Carter's pardon of Vietnam War draft dodgers. Further, it discusses Barack Obama's commutations addressing sentencing disparities in drug offenses. These Supreme Court cases and various executive examples underscore the complex interplay between law, public opinion, and presidential ethics, ultimately investigating how the application of presidential pardons can uphold or challenge public trust in the executive branch. By examining critical legal precedents and the societal implications of high-profile pardons, the article provides a nuanced understanding of this significant executive power and its ongoing role in shaping American governance.