The Presidential Pardon Power: Myth vs. Reality and Legislative Solutions
President Joe Biden's administration has been under scrutiny regarding the use of the presidential pardon power. It is essential to clarify whether or not he has the capacity to consider a constitutional amendment to limit this power. This article seeks to explore the myth and reality surrounding the presidential pardon power and the legislative options available.
Understanding the Presidential Pardon Power
The term 'presidential pardon power' often conjures images of the president's executive authority to grant relief from criminal penalties. However, a closer examination of the U.S. Constitution reveals that the president's pardon power, while vast, is subject to strict limits. Article II, Section 2 of the Constitution explicitly grants the president the power 'to grant Reprieves and Pardons for Offences against the United States, *except in Cases of Impeachment*.' This is a clear and finite power, not one that can be expanded through executive action or legislative amendments.
Knowledge about Constitutional Amendments in the U.S.
Understanding the process of constitutional amendments is crucial to addressing any misconceptions about the president's role in this process. According to Article V of the U.S. Constitution, the amendment process is strictly regulated and does not involve the president. Section 1 of Article V states:
The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or on the Application of the Legislatures of two-thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by Conventions in three-fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress.
This passage highlights that the process of amending the Constitution involves either Congress acting on its own initiative or state legislatures calling for a constitutional convention. In either scenario, the amendment process is separate from the executive branch, including the president himself. The president can only propose or encourage amendments but does not have the authority to sign or even be a part of the process.
President Biden's Role and the Possibility of Constitutional Amendments
When it comes to the specific question of Joe Biden's ability to propose or sign a constitutional amendment to limit the presidential pardon power, the answer is resoundingly clear. The president, in his capacity as the head of the executive branch, has no part in the constitutional amendment process. Both the House and Senate, representing two-thirds of each, must first propose an amendment. Following that, three-fourths of the state legislatures must ratify it. The president cannot sign a constitutional amendment as part of this process. This role and its limitations have been clarified time and again, as evidenced by the debate on various forums and by legal experts.
Conclusion and Future Perspectives
In summary, the notion that President Biden can sign a constitutional amendment to limit the presidential pardon power is a misconception. The process for amending the Constitution is well-defined and involves a specific set of legislative and state actions, none of which include the president's signature. While the executive branch can propose or support amendments, it falls solely to the legislative and state bodies to initiate and ratify amendments.
Future discussions around constitutional amendments and the presidential pardon power should focus on the correct constitutional procedures and appropriate legislative measures. By clarifying these points, we can promote a more informed public discourse on the American constitutional system.
Keywords: Constitutional Amendment, Presidential Pardon Power, Joe Biden