Why does the presidential pardon exist?
Asked by: Jamie Friesen | Last update: February 2, 2026Score: 4.4/5 (74 votes)
Presidential pardons exist to offer mercy, correct judicial errors, and promote societal healing, stemming from the English monarch's power to provide grace when the law fails, allowing presidents to forgive federal offenses, restore rights, and resolve divisive national issues, such as after conflicts. This power serves as a check on the justice system, allowing for forgiveness, rehabilitation, and national reconciliation.
What is the reason for a presidential pardon?
A pardon is an expression of the president's forgiveness and ordinarily is granted in recognition of the applicant's acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence.
Can you refuse to accept a 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. “These people are well within their rights to refuse a pardon,” Northeastern University School of Law Professor Jeremy Paul says.
Who started the presidential pardon and why?
Presidents throughout American history have exercised their constitutional authority granted by the pardon power. George Washington first exercised the pardon power in 1795 after he issued amnesty to those engaged in Pennsylvania's Whiskey Rebellion.
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.
Why Do Presidents Get to Pardon So Many People at the End of Their Terms?
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 anyone overturn a presidential pardon?
A presidential pardon—no matter how controversial—cannot be overturned. The Constitution gives the pardon power to the executive branch alone, not the legislative branch (Congress) or the judicial branch (federal courts, including the Supreme Court).
Can a presidential pardoned felon own a firearm?
A person convicted of a felony, a specified violent crime, or a drug crime loses the right to possess a firearm. This right may be restored by a pardon.
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.
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.
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.
Why did George Wilson not accept his pardon?
An official report stated Wilson chose to “waive and decline any advantage or protection which might be supposed to arise from the pardon….” Wilson also stated he “…had nothing to say, and did not wish in any manner to avail himself in order to avoid sentence….” The U.S. Supreme Court determined, “The court cannot give ...
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.
Can the President pardon someone who hasn't been convicted?
Given these considerations, while the Constitution does not explicitly limit the President's pardon power to only those charged or convicted, the practical application and historical interpretation limit it to such cases.
How many pardons does a President get?
There are no limits to how many people the President may pardon.
What crimes cannot be pardoned by the president?
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.
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.
When did felons lose the right to own guns?
It became federally illegal for a convicted felon to own a gun under the Gun Control Act of 1968, which prohibited individuals convicted of crimes punishable by over a year in prison from possessing firearms, building on earlier laws. While a 1934 law initially restricted violent felons, the 1968 Act expanded this ban to all felons under federal law, with subsequent laws like the Lautenberg Amendment (1996) adding domestic abusers.
Has anyone ever rejected a presidential pardon?
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 Trump give in his first presidency?
Number of pardons
Overall, Trump granted fewer clemencies than many of the modern presidents during his first term. Since 1921, only two Presidents granted clemency on fewer occasions than Trump. In Trump's first term, he granted clemency 237 times, compared with about 78 by George H. W.
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 ...
Can an impeached president pardon anyone?
The president may not grant a pardon in the impeachment case, but may in any resulting federal criminal case (unless it is the president who is convicted and thus loses the pardon power). However, whether the president can self-pardon for criminal offenses is an open question, which has never been reviewed by a court.
Why are presidential pardons still allowed?
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.
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.