The American Democracy Minute Radio Report & Podcast for Aug. 25, 2023
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Today’s Script
(Variations occur with audio due to editing for time. Today’s Links below the script)
How Did Presidential Pardons Evolve, and What Are Their Limitations?
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In the first 2024 GOP primary debate, Vivek Ramaswamy reiterated his campaign pledge to pardon former President Trump. How did Presidential pardons evolve, and what are their limitations?
Article II, Section 2 of the Constitution gives the President the authority to “grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” Proposed by Alexander Hamilton, the Constitutional Convention debated whether the President could unilaterally pardon, or whether approval was needed by the Senate. The U.S. Supreme Court later interpreted Section 2 as unilateral with broad powers, but limited to federal offenses.
Among the most controversial are President Andrew Johnson’s pardon of Confederate President Jefferson Davis, and in recent times, President Gerald Ford’s pardon of President Richard Nixon, both citing the need for reconciliation.
The White House Historical Society points out that in order for a pardon to be given, a crime must first be committed. If so, pardons can only extend to FEDERAL, not state crimes. And pardons do not extend to impeachment convictions. DOJ statistics show there were 33,714 pardons from 1900 to 2022. President Biden has issued 5,869 pardons, and former President Trump 7,498.
Can a President pardon him or herself? We’ll have more on THAT thorny question in our next report. Find out more at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
The White House Historical Association – The History of the Pardon Power
Office of the Pardon Attorney, DOJ – Clemency Statistics
Brennan Center for Justice – Presidential Pardon Power Explained
National Constitution Center – Presidential pardons: A constitutional and historical review
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