Please, pardon me!

Following an “epidemic” of unjustifiable and dubious pardons for too many acts and offset in time, I think that both Biden and Trump have made a mockery of the device, and that it now falls to Congress and States to work on a constitutional amendment to fix a power that has gone astray. 

At the same time, it should define a more reasonable presidential immunity against what was recently stated by the Supreme Court. 

This wouldn’t be easy, but given Biden and Trump’s bipartisan excesses, this might be possible. It would work like this, first by a two-thirds majority vote in both the House of Representatives and the Senate, then once proposed, the amendment has to be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states. 

 As stated in the US Constitution, the presidential pardon power says that the president has the power to "grant Reprieves and Pardons for Offenses against the United States, except in Cases of impeachment". This would mean that this power is broad and Congress can do little against it. The president can pardon someone at any time after the crime was committed, including before legal proceedings, during proceedings, or after conviction. 

The president can also commute sentences, remit fines and forfeitures, and grant amnesties. The president's pardon power is intended to be a tool of mercy and justice, and to serve the public interest. When we look at these weak and far too general “guardrails”, we can see that there’s plenty of room for abuse, as the pardon power, as we’ve just witnessed it, can be used to pardon political allies or friends, raising concerns about favoritism and corruption. 

Further, there is no requirement for the president to justify or explain pardons, leading to a lack of transparency. The worst in my view is that a President can issue pardons before charges are filed, which some argue undermines the justice system. Finally, some pardons have sparked public outrage, such as those granted to individuals involved in significant scandals or crimes. 

This is why I believe what we’ve just seen regarding the Biden family or the January 6 criminals warrant a full Constitutional Amendment, as hard and difficult it may seem.