Pardon Power: How The Pardon System Works

The president's power to pardon federal crimes is immense, rooted in centuries-old concepts of mercy and amnesty. While the Constitution grants this authority seemingly without limit, its lack of clear constraints raises concerns about potential misuse. Recent discussions in the U.S. Supreme Court have highlighted the dangers of unchecked pardon power, underscoring the need for mechanisms that ensure accountability and uphold the principle that no one is above the law.

In Pardon Power: How the Pardon System Works—and Why, Kim Wehle examines both the historical context and contemporary challenges of presidential pardons. Wehle argues that any pardon that undermines legal accountability—including self-pardons—cannot be constitutionally justified. She stresses the urgent need for guardrails to prevent abuse, preserve justice, and protect the integrity of American democracy.