Why are presidential pardons still allowed?
Asked by: Mariam O'Kon | Last update: February 12, 2026Score: 4.4/5 (31 votes)
Presidential pardons exist to offer mercy, correct judicial errors, and provide a check on the justice system, stemming from English monarchical tradition to temper harsh laws with grace for deserving individuals or to foster societal healing in divisive cases, though their use has become increasingly political. They serve as an ultimate executive power to forgive federal crimes, offer second chances, and address systemic flaws or overly harsh sentences, providing a unique path to restorative justice or national unity.
Why do we allow presidential pardons?
The presidential pardon power was inspired by a British law meant to protect the unjustly accused. It was for this reason that Federalist Alexander Hamilton advocated successfully for a presidential pardon power that did not require judicial or Senate approval.
Can Congress overturn a presidential pardon?
Once a court acquits a defendant, the defendant can't be prosecuted for that crime again. The president has some unique powers too. Including the sole, final authority to grant pardons, which cannot be reviewed or repealed by Congress or the courts.
Does a presidential pardon have to be accepted?
Two of those convicted Jan. 6 rioters declined to accept the presidential pardon. Northeastern University law experts say that a presidential pardon can not only be refused, but it may be practical for some recipients to do so.
Are there crimes the President cannot pardon?
The President of the United States may pardon anyone who commits a federal offense against the United States. They may also pardon anyone who commits a federal offense against the District of Columbia. The president cannot grant pardons for violations of state laws.
How Presidential Pardons Work | NBC News NOW
How many pardons did Trump give?
List of people granted executive clemency in the second Trump presidency. In his role as the 47th president of the United States (January 20, 2025 – present), Donald Trump granted executive clemency to more than 1,600 individuals as of July 23, 2025, all of whom were charged or convicted of federal criminal offenses.
Can a presidential pardoned felon own a firearm?
Only the President of the United States can grant a pardon for a federal felony, which can restore the right to own firearms. The pardon does not erase the conviction but can lift certain civil restrictions associated with it, including gun rights.
Has a presidential pardon ever been denied?
Yes, people have refused presidential pardons, though it's rare, with historical examples including George Burdick (Woodrow Wilson) and George Wilson (Andrew Jackson), and more recently, January 6th defendants like Pamela Hemphill and Jason Riddle, who rejected pardons from President Trump, feeling they were not victims and didn't want to rewrite history or contribute to false narratives. Refusal is a constitutional right, established by Supreme Court rulings, allowing individuals to decline clemency if they choose not to accept conditions or admit guilt, as a pardon is considered a "deed" requiring acceptance.
How many pardons did Barack Obama hand out?
Of the acts of clemency, 1,715 were commutations (including 504 life sentences) and 212 were pardons. Most individuals granted executive clemency by Obama had been convicted on drug charges, and had received lengthy and sometimes mandatory sentences at the height of the war on drugs.
Can an impeached president pardon anyone?
He can pardon an individual for nearly any offense against the United States. While broad, the power is not unlimited. For example, the President cannot issue a pardon in cases of impeachment, nor can he pardon someone for committing a state crime.
What does Article 72 of the Constitution deal with?
Article 72 empowers the President the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.
Which President never pardoned?
The two U.S. presidents who never granted a pardon were William Henry Harrison, due to his death just a month into office, and James A. Garfield, who was assassinated early in his term, leaving neither president enough time to issue any.
Why did Barack Obama pardon so many people?
President Obama pardoned and commuted many sentences, particularly near the end of his term, to address the harsh, outdated sentencing laws, especially for nonviolent drug offenses, aiming for a fairer, smarter criminal justice system, and to provide second chances to rehabilitated individuals, using clemency as a tool while urging Congress for broader reforms. His actions aimed to correct disparities, reduce prison overcrowding, and encourage states to follow suit with reforms.
Do presidential pardons imply guilt?
Yes, Presidential pardons often contain language that accepting such a parding is not an acknowledgment of any wrongdoing or an admission of guilt. This is because U.S. Supreme Court's 1915 decision in Burdick v. United States, which established that accepting a pardon implies a confession of guilt.
What crimes cannot be pardoned?
Under the Constitution, the President has the authority to grant pardon for federal offenses, including those obtained in the United States District Courts, the Superior Court of the District of Columbia, and military courts-martial. The President cannot pardon a state criminal offense.
Who is the Trump supporter refusing pardon?
Hemphill is noted for changing her mind on Donald Trump during her time in prison and afterward, supporting Joe Biden and voting for Kamala Harris in the 2024 presidential election, as well as for her refusal of Trump's presidential pardon in 2025.
Can the Supreme Court stop a presidential pardon?
The Pardon Attorney investigates and reviews applications for clemency but serves only an advisory role; the president may disregard the findings. The pardon power is considered "plenary" and thus generally cannot be restricted or modified by Congress or the judiciary.
Are you still a felon if you get a presidential pardon?
A pardon is an expression of the President's forgiveness. It does not mean you are innocent or expunge your conviction. But it may remove civil disabilities -- such as restrictions on the right to vote, to hold office, or to sit on a jury -- that are imposed because of the pardoned conviction.
What did Biden actually accomplish during his presidency?
Other domestic legislation signed during his term included the Bipartisan Safer Communities Act, the first major federal gun control law in nearly three decades; the CHIPS and Science Act, bolstering the semiconductor and manufacturing industry; the Honoring our PACT Act, expanding health care for US veterans; the ...
How many pardons did President Clinton give on his last day in office?
As president, Clinton used his power under the U.S. Constitution to grant pardons and clemency to 456 people, thus commuting the sentences of those already convicted of a crime, and obviating a trial for those not yet convicted. On January 20, 2001, he pardoned 140 people in the final hours of his presidency.
What is the most felon-friendly state?
The most friendly state for felons is Vermont, where no felons are disenfranchised and no voting restrictions. In the US, there are 5.17 million people disenfranchised due to a felony conviction. There are 2 million people in prisons around the US.
Can two felons live in the same house?
If you have completed your sentence in full, nobody can restrict who you live with. Two felons can live together without any legal consequences.