Our United States Constitution provides, in part: “The President...shall have Power to grant Reprieves and Pardons for Offences against the United States...”
In a system that supposedly is one of checks and balances, it recently has become obvious that the pardoning power has neither.
I believe that both President Biden and President Trump have been exploiting and abusing the use of pardons. Of late, both men have twisted pardons for political purposes.
It’s time to start talking about a constitutional amendment. Let’s add Senatorial review to the Presidential power to pardon.
Under the Constitution, the Senate already advises and consents in several instances. These include confirmations of Justices of the Supreme Court, Cabinet members and other high-ranking officials, and ambassadors, plus the ratification of treaties.
I suggest that we now also make the presidential pardoning power subject to the advice and consent of the Senate.
To be certain, a constitutional amendment is a very, very heavy lift – as well it should be. We don’t want to allow casual changes to our foundational document.
So it would of course take years to insert successfully an advice and consent function into the pardoning power. But I think that the time has come for serious consideration.
I'm Scott Summers, and that is my perspective.
