The Frequency and Scope of Presidential Pardons in the United States

Presidents of the United States have the authority to grant pardons for offenses against the federal government but not for state convictions. This power is extensive and can be exercised at any time during their tenure.

Power to Grant Pardons

According to Article II, Section 2, Clause 1 of the United States Constitution, the President has the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. This limitation excuses state-convicted individuals and exempts impeachment cases from the President's pardon authority.

Frequency and Limitations

There are no formal limitations on the frequency or timing of presidential pardons. To estimate the potential number of pardons, we can calculate based on a four-year term. Assuming a president works 12 work hours per day, 365 days per year, a rough estimation is:

12 hours/day * 365 days/year * 4 years 1,752 hours 1,752 hours / 2 minutes 876 pardons (one pardon every two minutes)

For a two-term presidency, this figure would be doubled to 1,752 pardons. However, the practical number of pardons remains constrained by the availability of people to pardon and the political landscape.

Exclusions and Controversies

Several exclusions and controversies surround the pardoning power:

Personal Pardons

It is debatable whether a president can pardon themselves for federal crimes. Legal precedent has not fully addressed this issue, leaving it open to interpretation.

State Versus Federal Crimes

The President cannot pardon individuals for crimes committed at the state level. Crimes against the United States, however, fall under presidential pardon power.

Impeachment and Conviction

Presidents cannot pardon themselves or others for crimes arising from impeachment or conviction by the Senate. Thus, if a former president was impeached and convicted, their successor could not pardon them for those offenses.

Guidelines for Pardons

Presidential pardons should adhere to certain guidelines to ensure fairness and transparency. These guidelines encourage the submission of pardons through the Department of Justice, where applicants detail their case, including their convictions, punishment, and rehabilitation efforts.

Examples and Trends

Notable examples demonstrate the power of the presidential pardon:

A. Abraham Bolden: A former Secret Service agent, Bolden was imprisoned in the 1960s under what he claimed was a vindictive prosecution. Despite his family's prominence and public speculation, President Obama did not grant a pardon. However, President Joe Biden unexpectedly pardoned Bolden in early 2023. This move brought attention to potential political motives, including the role of Obama administration officials.

B. Timing and Impact: Often, controversial pardons are granted as a president is nearing the end of their term to manage political fallout. This practice allows presidents to soften the impact of controversial pardons.

Conclusion

In conclusion, the power of the presidential pardon is extensive and can be exercised freely throughout a president's term, with no formal restrictions on frequency. Exceptions and controversies related to state crimes, personal pardons, and impeachment highlight the complexities of this unique power.