The recent “No Kings” demonstrations have brought to mind the last time a President truly acted like a King, and no, it was not the current occupant of the Oral Office. Rather it was President Biden who exercised the one power that is unrestricted, unpoliced, and total in the hands of the President: the power to pardon.
While all Presidents have this unique power, none in the history of the United States has pardoned his siblings, siblings-in-law, son, twenty-five hundred convicted drug convictions, and unindicted government officials for unmentioned crimes. Additionally, he overrode the federal judicial system, ignored the decisions of juries, and granted clemency to nearly every federal death row inmate. His decision was based on his personal moral view of the death penalty and went against the stated federal law. All of these actions took place just hours before he left office and in spite of a promise not to pardon his own son.
The power to pardon is not limited in the United States to the President; Governors of states also hold such power, but their power is limited by each State’s Constitution. Abuses have occurred, such as Virginia’s Governor Terry McAuliffe. In order in 2016, he allowed by fiat 206,000 convicted felons who had completed their terms to regain the ability to vote, hold public office, serve on a jury and function as a notary. There was moral outrage across the state and the state Supreme Court stated that such a blanket action was beyond the scope of his ability. In the end, the outgoing governor McAuliffe got around the state Supreme Court by issuing “individual grants of clemency.” Finally, we have the question of should any President have so much power and what are the options for any attempt to limit his pardoning power.
The attached article gives us a fascinating look into the thinking of the Founding Fathers when they gave such unlimited power to the President. Although not in the Constitution, there were discussions as to a recourse should any President abuse his pardon power to such a degree that it went beyond all norms, and that recourse was impeachment. Yet President Biden in issuing his pardons just hours before he left office avoided even a discussion of impeachment. Imagine if a future President should decide to empty all the Federal prisons of their inmates, or “only those inmates who supported his own political party?.” Given the actions of President Biden, we may all look with trepidation as each future President is about to leave office.
