Why is the president allowed to pardon anybody?

Asked by: Ms. Kayla D'Amore  |  Last update: April 12, 2026
Score: 4.6/5 (62 votes)

The U.S. Constitution's pardon power originated from longstanding English tradition, which permitted the monarch to exercise the "royal prerogative of mercy" to withdraw or provide alternatives to death sentences.

Why can the president pardon people?

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 crimes cannot be pardoned by the president?

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.

Has Donald Trump pardoned anyone?

Trump issued a total of 144 pardons during his first four years in office: 1 in 2017, 6 in 2018, 11 in 2019, 52 in 2020, and 74 in January 2021.

Can a person refuse a pardon from the president?

6, 2021, on his first day back in the Oval Office. 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.

How Presidential Pardons Work | NBC News NOW

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Can anyone overturn a presidential pardon?

The pardon power is considered "plenary" and thus generally cannot be restricted or modified by Congress or the judiciary.

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.

Which President did not use the Bible to take the oath of office?

Several U.S. Presidents did not use a Bible for their oath, including John Quincy Adams (used a law book), Theodore Roosevelt (used no book at his first swearing-in), and Lyndon B. Johnson (used a Catholic missal), with Calvin Coolidge also noting he didn't use one, adhering to Vermont tradition. The Constitution doesn't require a Bible, allowing for these variations, often signifying a belief in secularism or responding to unique circumstances. 

Did Trump pardon Rudy Giuliani?

In April 2024, he was indicted on charges related to the 2020 election in Arizona. He was later disbarred in the state of New York in July, and in the District of Columbia in September. In November 2025, Trump pardoned Giuliani.

Are you still a felon if you are pardoned by the president?

A pardon does not erase or expunge the record of conviction. It is, however, an indication of forgiveness and should lessen the stigma of conviction.

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. 

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.

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. 

How much does a presidential pardon cost?

Lobbyists have told the Wall Street Journal and other news outlets that fees of $1M are standard. Some would-be pardon recipients have offered success fees of $6M for a successful application.

Who did President Clinton pardon?

Among those who accepted clemency are:

  • Edwin Cortes, sentenced to 35 years in prison.
  • Elizam Escobar, sentenced to 60 years in prison.
  • Ricardo Jimenez, sentenced to 90 years in prison.
  • Adolfo Matos, sentenced to 70 years in prison.
  • Dylcia Noemi Pagan, sentenced to 55 years in prison.

What did Trump take out of his Bible?

The "Trump Bible," officially the God Bless the U.S.A. Bible by Lee Greenwood, is missing US Constitutional Amendments 11 through 27, including key ones like the 13th (abolishing slavery), 19th (women's suffrage), and 26th (18-year-old vote), because the publisher excludes amendments added after the "original founding documents," though these later additions are integral to the U.S. Constitution and American civil rights. 

What Bible did Donald Trump get sworn in on?

Donald Trump used two Bibles for his swearing-in ceremonies: his personal family Bible, given to him by his mother in 1955, and the historic Lincoln Bible, used by Abraham Lincoln in 1861. He placed his hand on both during his first inauguration in 2017 and again for his second, though he did not place his hand on them during the oath itself. 

Which presidents did not believe in God?

While no president so far has ever openly identified as an atheist, Thomas Jefferson, Abraham Lincoln, and William Howard Taft were speculated to be atheists by their opponents during political campaigns; in addition, a survey during the first presidency of Donald Trump showed that 63% of Americans did not believe he ...

Are there limits to presidential pardons?

U.S. Const. art. II, § 2, cl. 1; see Garland, 71 U.S. at 373 (acknowleding that the President's authority to grant pardons is subject to the exception of cases of impeachment and that [w]ith that exception the power is unlimited ).

What are Obama's biggest achievements?

Barack Obama's biggest accomplishments include passing the Affordable Care Act (ACA) to expand health insurance, leading the economic recovery after the 2008 crisis with stimulus and banking reforms, authorizing the raid that killed Osama bin Laden, enacting climate and clean energy policies, appointing historic Supreme Court justices, and ending "Don't Ask, Don't Tell" in the military, enabling openly gay service. 

What is the difference between a pardon and clemency?

Clemency is the broad umbrella term for mercy from a criminal conviction, while a pardon is a specific type of clemency that forgives the offense, wiping out most legal consequences and restoring rights, whereas other clemency forms like commutation only reduce the punishment (like sentence length) without forgiving the crime, leaving the conviction on the record. Think of it this way: all pardons are clemency, but not all clemency is a pardon. 

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.

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.

Who oversees presidential pardons?

Someone seeking one or more of these forms of clemency submits a petition to the Office of the Pardon Attorney in the U.S. Department of Justice (DOJ). The U.S. Attorney General oversees this office and the process. After reviewing a petition, the office makes a non-binding recommendation to the president.