An Overview of the Presidential Pardoning Power (CRS Report for Congress)
Release Date |
Jan. 7, 2009 |
Report Number |
R40128 |
Report Type |
Report |
Authors |
Vanessa K. Burrows, Legislative Attorney |
Source Agency |
Congressional Research Service |
Summary:
The Constitution of the United States of America imbues the President with broad authority to grant pardons and reprieves for offenses against the United States. This report provides an overview of the scope of the Presidentâs pardoning power, the legal effects of a pardon, and the procedures that have traditionally been adhered to in the consideration of requests for pardons. Members of Congress have introduced resolutions expressing the sense of the Congress that the President either should or should not grant pardons to certain individuals or groups of individuals, such as H.Res. 9 in the 111th Congress and H.Con.Res. 24, H.Con.Res. 37, and H.Con.Res. 214 from the 110th Congress. Additionally, Members of Congress have also proposed constitutional amendments that would restrict the Presidentâs pardon power, such as H.J.Res. 48 from the 110th Congress.