What Congress Is Doing on Presidential Pardons
The Constitution controls the pardon power. What can Congress do?
In many ways, the U.S. Constitution ties Congress’ hands when it comes to the president’s pardon power. The Constitution expressly gives the president the authority to grant “reprieves and pardons for offenses against the United States.” Importantly, however, this constitutional authority is not without its limits. “[O]ffenses against the United States” refers to federal crimes, meaning the president has no authority to grant clemency for state crimes. And notably, the Constitution explicitly limits the president’s ability to grant pardons “in cases of impeachment.”
