H.J.Res.13 - Proposing an amendment to the Constitution of the United States limiting the pardon power of the President. (119th Congress)
Summary
H.J.Res.13 proposes an amendment to the U.S. Constitution that would limit the President's pardon power. The amendment aims to prevent the President from pardoning themselves, close relatives, members of their administration, campaign employees, or anyone involved in offenses related to the President's personal or pecuniary interests or acting at the President's direction. It also states that any pardon issued for a corrupt purpose shall be invalid.
The resolution is introduced in the House of Representatives and requires a two-thirds vote in both the House and Senate to be sent to the states for ratification. Ratification requires approval by the legislatures of three-fourths of the states.
Congress would have the power to enforce the article through appropriate legislation.
Expected Effects
If ratified, this amendment would significantly curtail the President's ability to issue pardons, particularly in cases involving potential conflicts of interest or abuse of power. This could lead to increased accountability for individuals connected to the President and potentially deter corrupt activities.
It may also lead to more legal challenges to presidential pardons, as the definition of 'corrupt purpose' could be subject to interpretation by the courts. The amendment could also shift some power to Congress, as they would have the power to enforce the new article.
Potential Benefits
- Increased Accountability: Limits on pardon power could deter corruption and abuse of power by the President and their associates.
- Reduced Conflicts of Interest: Prevents pardons in cases where the President has a personal or financial stake.
- Strengthened Rule of Law: Reinforces the principle that no one is above the law, including the President.
- Enhanced Public Trust: Could restore public confidence in the integrity of the pardon process.
- Potential Deterrent: May discourage individuals from engaging in illegal activities at the direction of the President.
Most Benefited Areas:
Potential Disadvantages
- Potential for Politicization: The definition of "corrupt purpose" could be subject to political interpretation and manipulation.
- Reduced Presidential Flexibility: Limits the President's ability to grant pardons in situations where it might be warranted for the sake of national unity or justice.
- Increased Litigation: Could lead to more legal challenges to presidential pardons, creating uncertainty and delays.
- Potential for Overreach: The restrictions on pardoning relatives and campaign employees could be seen as overly broad.
- Undermining Executive Authority: Some may argue that it unduly restricts the President's constitutional authority.
Constitutional Alignment
Article II, Section 2 of the Constitution grants the President the power to grant pardons and reprieves for offenses against the United States, except in cases of impeachment. This proposed amendment seeks to limit that power.
Amending the Constitution requires a two-thirds vote in both houses of Congress and ratification by three-fourths of the states, as outlined in Article V. The proposed amendment follows this process.
The amendment does not appear to violate any other specific provisions of the Constitution, but it does alter the balance of power between the executive and legislative branches.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).