Government,
Constitutional Law
Dec. 22, 2020
A closer look at the constitutional limits of the president’s pardon power
The U.S. Constitution, Article II, Section 2, gives the president the power “to grant Reprieves and Pardons for offenses against the United States, except in Cases of Impeachment.” Many commentators assume that the text (federal offenses and impeachment) provide the only limitations on the president’s pardon power.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
The U.S. Constitution, Article II, Section 2, gives the president the power "to grant Reprieves and Pardons for offenses against the United States, except in Cases of Impeachment." Many commentators assume that the text (federal offenses and impeachment) provide the only limitations on the president's pardon power.
Others persuasively argue that the president must satisfy the procedural requirement of specifying the crimes covered b...
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