The Power of Presidential Pardon: Can a US President Pardon All Criminals?

Some envision a scenario where a US President can pardon all criminals for any crimes at once, releasing every prisoner into the public domain. This concept evokes the speculative premise of a superman with unfettered power, but it's important to clarify the actual legal and constitutional framework. Here's an exploration of this intriguing, albeit hypothetical, question.

Yes, there are no limits on the President's power to pardon criminal offenses under the U.S. Constitution. The President's pardoning authority is found in Article II, Section 2, which states, 'The President... shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.'

Unlikely in Practice

While the President enjoys this vast power, it therefore sounds like a plot from a Batman graphic novel. The idea of pardoning every criminal, whether federal or state prisoners, would be highly impractical. Even if technically within the President's purview, such an action would likely provoke immediate opposition and legal challenges from the Supreme Court. The process of checking and balancing ensures that such an extreme measure would not be allowed.

Historical Precedents

Presidents Nixon, Ford, and Carter, among others, have issued pardons during their tenures. Notable instances include:

Presidential Pardons since Nixon

Richard Nixon pardoned former officials involved in the Watergate scandal in 1974. Gerald Ford pardoned Richard Nixon, wiping any potential future charges related to Watergate. Jimmy Carter pardoned all Vietnam War draft dodgers, allowing them to return home without prosecution.

These historical examples show that while presidents have used their pardon power, they tread carefully, often avoiding blanket pardons due to the practical and legal challenges involved.

Legal Boundaries

Specifically, the President can only pardon federal crimes, not state crimes. State members of the National Guard subject to state jurisdiction also fall outside the President's jurisdiction for pardons. Hence, a presidential pardon cannot reach beyond federal boundaries.

Blanket Pardons and Legal Precedent

The most recent instance of a blanket pardon is notably from President Andrew Johnson in 1868, when he pardoned millions of Confederate soldiers and civilians. Similarly, President Jimmy Carter pardoned all Vietnam War draft dodgers in 1977.

However, the Federalist checks and balances mean that any attempt to pardon everyone in a single action would encounter significant resistance. The President's power is unreviewable when it comes to federal crimes, but this doesn't extend to everything.

Conclusion

The President's pardoning authority is vast, yet it is constrained by the Constitution and the state and federal legal frameworks. While a theoretically all-encompassing pardon is possible, it would be politically and legally untenable. The checks and balances system ensures that presidential power is used judiciously and that such expansive actions are unlikely to be taken.