However, these positive uses of the pardon power were overshadowed by Biden’s controversial decision to pardon his son, Hunter Biden. Hunter was facing charges of tax evasion and illegal gun possession, which President Biden claimed were politically motivated. This decision was widely criticized, including by members of Biden’s own party, and was unpopular with the American public. An Associated Press poll showed that only around 20% of Americans approved of the pardon. This move, coupled with past abuses of the pardon power by former President Donald Trump, has reignited calls for reform.
The presidential pardon power is one of the broadest and least checked powers granted by the U.S. Constitution. The Supreme Court has affirmed that presidents can issue pardons at their discretion for federal crimes, with few limitations. This power cannot be curbed by Congress or the courts, although it does not extend to state crimes or future crimes.
Throughout American history, the use of pardons has often been controversial. Presidents typically issue pardons as they leave office to avoid political repercussions. Notable instances include President Gerald Ford’s pardon of Richard Nixon post-Watergate, Bill Clinton’s pardon of Marc Rich, and Donald Trump’s pardons of allies like Roger Stone and Michael Flynn. These instances highlight how the pardon power can be misused for personal or political gain.
Despite the controversy surrounding Hunter Biden’s pardon, President Biden’s commutations of death row sentences highlight the positive potential of the pardon power. By commuting the sentences of 37 federal death row inmates, Biden acted on his belief that the death penalty is an unjust and inhumane form of punishment. This move aligns with changing public opinion, as support for the death penalty has decreased significantly over the past few decades. Biden’s actions reflect a broader trend towards recognizing the death penalty as a cruel and unusual punishment.
While the pardon power serves a vital purpose in correcting injustices, its potential for abuse calls for careful reform. The misuse of this power by both Democratic and Republican presidents suggests a bipartisan need for change. Several proposals for reform have been suggested:
1. Future presidents could establish a clemency board, similar to those in many states, staffed by experts who review pardon petitions. This would create a more transparent and deliberative process than the current system, which relies on the opaque Office of the Pardon Attorney within the Department of Justice.
2. More complex reforms would involve amending the Constitution to place explicit limits on the pardon power. For instance, a congressional override provision could be introduced, allowing Congress to block particularly egregious pardons with a supermajority vote.
3. Legislators like Democratic Rep. Steve Cohen have proposed amendments to bar presidents from pardoning themselves, their family members, and close associates. Such measures would help ensure that the pardon power is not used to protect personal interests.
Reforming the pardon power requires a delicate balance. On one hand, it is essential to prevent its abuse for personal or political gain. On the other hand, the power to grant clemency is a crucial tool for addressing systemic injustices within the criminal justice system. For example, Barack Obama used his clemency powers to reduce the sentences of nearly 2,000 nonviolent drug offenders, reflecting a commitment to correcting overly harsh penalties.
The misuse of the pardon power has broader implications for the integrity of the presidency and the rule of law. When presidents use this power to benefit themselves or their close associates, it undermines public trust in the fairness and impartiality of the justice system. The controversy surrounding Hunter Biden’s pardon, for example, has led to widespread criticism and has called into question President Biden’s commitment to the rule of law.
As calls for reform grow louder, lawmakers have a unique opportunity to implement changes that preserve the positive aspects of the pardon power while curbing its potential for abuse. The need for reform is underscored by the actions of past presidents, from Gerald Ford’s pardon of Nixon to Donald Trump’s controversial pardons. By introducing measures such as a clemency board, congressional overrides, and legislative limits, the integrity of the pardon power can be preserved while ensuring it is used responsibly.
The presidential pardon power is a double-edged sword, capable of both correcting injustices and enabling corruption. While President Biden’s recent commutations highlight its potential for good, the pardon of his son Hunter serves as a reminder of its potential for misuse. As the debate over reform continues, it is crucial to find a balance that allows the pardon power to serve its intended purpose without being exploited for personal gain. Lawmakers must seize this opportunity to implement meaningful reforms that safeguard the integrity of this important presidential power.
Vox argues that the US presidential pardon power still needs reforms despite the fact that Biden largely put it to good use because of its potentials for abuse. In recent months, the use and potential misuse of presidential pardon power have taken center stage in American politics. President Joe Biden has made headlines by commuting the sentences of 37 out of 40 federal death row inmates, reducing their sentences to life without parole. He also set a record by commuting the sentences of approximately 1,500 individuals who had been released from prison during the pandemic and placed on home confinement. These actions underscore the importance of the pardon power as a corrective tool in the criminal justice system, especially when it comes to addressing overly harsh punishments.
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