A presidential pardon is an authority granted by the U.S. Constitution allowing the president to grant clemency for federal crimes. It is outlined in Article II, Section 2, and excludes cases of impeachment. The president can use this power without consulting others, which is rare globally.
The tradition of pardoning dates back to George Washington, who pardoned participants in the Whiskey Rebellion. Since then, it has been used in various ways, from granting mass amnesties to addressing politically sensitive cases.
No, the presidential pardon applies only to federal offenses. State crimes fall under the jurisdiction of state governors or other designated authorities.
Presidents have faced criticism for controversial pardons perceived as politically or personally motivated. For example, Bill Clinton pardoned financier Marc Rich, whose ex-wife was a significant donor, and Joe Biden recently pardoned his son Hunter Biden for potential federal crimes.
The U.S. is unique in allowing the president to pardon without requiring input or approval from others. In most countries, pardons require consultation, apply only after conviction, or are limited to specific offenses. This reduces risks of self-serving or politically motivated clemency.
The U.S. Constitution does not explicitly prohibit self-pardoning or pardoning family members, though these actions are rare and controversial. Many countries explicitly ban such practices or require more oversight.
Theoretically, impeachment is a check on presidential misuse of the pardon power. However, impeachment is rare and convictions even rarer, making it a limited safeguard.
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