Proposing an amendment to the Constitution of the United States limiting the pardon power of the President. | ChamberLight
Bills · HJRES 13
IN COMMITTEE· 119TH CONGRESS
House Joint Res.HJRES 13Government ethics and transparency, public corruptionPresidents and presidential powers, Vice Presidents
Proposing an amendment to the Constitution of the United States limiting the pardon power of the President.
INTRO JAN 9· LAST ACTION JAN 9
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Introduced only
LEGISLATIVE PROGRESS
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Introduced
In Committee
Reported
Passed House
Passed Senate
Conference
To President
Became Law
WHAT THE BILL DOES
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This bill matters because it addresses concerns about potential abuses of presidential power, specifically the ability to use pardons to protect the President or their allies from legal accountability. If this amendment passes, it would ensure that a President cannot escape legal consequences for their own actions or shield those who act on their behalf from justice. This could significantly impact public trust in government and the perception of fairness within the justice system.
If this bill becomes law, it would fundamentally change the scope of the President's pardon power, making it a tool strictly for justice rather than a means to avoid scrutiny for politically connected individuals. If it doesn't pass, the President's current broad pardon power, as defined by the existing Constitution, would remain, including the potential for self-pardons or pardons for close associates involved in actions tied to the President's interests.
KEY PROVISIONS
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PROVISION 01
The President cannot pardon themselves.
This prevents a President from using the pardon power to escape accountability for their own alleged crimes.
PROVISION 02
The President cannot pardon their close family members, including up to third-degree relatives and their spouses.
This aims to prevent a President from shielding their family from legal consequences for potential wrongdoing.
PROVISION 03
The President cannot pardon current or former members of their administration or paid presidential campaign staff.
This ensures that those working for the President cannot be absolved of crimes potentially committed while serving or campaigning.
PROVISION 04
The President cannot pardon anyone for an offense motivated by a direct personal or financial interest of the President or their restricted associates, or for an offense done at the President's direction or in coordination with them.
This closes loopholes that could allow a President to benefit personally from crimes committed by others and then pardon them.
PROVISION 05
Any pardon issued for a corrupt purpose is explicitly declared invalid.
This provides a clear legal basis to challenge pardons seen as an abuse of power, aiming to uphold ethical governance.
This bill matters because it addresses concerns about potential abuses of presidential power, specifically the ability to use pardons to protect the President or their allies from legal accountability. If this amendment passes, it would ensure that a President cannot escape legal consequences for their own actions or shield those who act on their behalf from justice. This could significantly impact public trust in government and the perception of fairness within the justice system.
If this bill becomes law, it would fundamentally change the scope of the President's pardon power, making it a tool strictly for justice rather than a means to avoid scrutiny for politically connected individuals. If it doesn't pass, the President's current broad pardon power, as defined by the existing Constitution, would remain, including the potential for self-pardons or pardons for close associates involved in actions tied to the President's interests.
KEY PROVISIONS
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high
The President cannot pardon themselves.
This prevents a President from using the pardon power to escape accountability for their own alleged crimes.
med
The President cannot pardon their close family members, including up to third-degree relatives and their spouses.
This aims to prevent a President from shielding their family from legal consequences for potential wrongdoing.
high
The President cannot pardon current or former members of their administration or paid presidential campaign staff.
This ensures that those working for the President cannot be absolved of crimes potentially committed while serving or campaigning.
high
The President cannot pardon anyone for an offense motivated by a direct personal or financial interest of the President or their restricted associates, or for an offense done at the President's direction or in coordination with them.
This closes loopholes that could allow a President to benefit personally from crimes committed by others and then pardon them.
med
Any pardon issued for a corrupt purpose is explicitly declared invalid.
This provides a clear legal basis to challenge pardons seen as an abuse of power, aiming to uphold ethical governance.
This proposed amendment must be approved by two-thirds of both the House of Representatives and the Senate.
Upon state ratification
The proposed amendment must be ratified by the legislatures of three-fourths of the several States to become valid as part of the Constitution.
GLOSSARY
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Joint resolution
A legislative measure, requiring approval by both chambers and the President's signature (or a two-thirds vote in each chamber to override a presidential veto), that has the force of law. However, joint resolutions proposing constitutional amendments do not require the President's signature.
Constitutional amendment
A formal change or addition to the U.S. Constitution. It must be proposed by a two-thirds vote in both houses of Congress or by a national convention, and then ratified by three-fourths of the state legislatures.
Pardon
An official act by the President that forgives an individual for a crime, releasing them from punishment and restoring their civil rights. This typically applies to federal crimes.
Reprieve
An official act by the President that delays a sentence or punishment, but does not forgive the crime itself. It grants temporary relief from the penalty.
Ratified
To formally approve or confirm something. In the context of a constitutional amendment, it means that enough states (three-fourths) have officially agreed to adopt the proposed change.
Pecuniary interest
A financial interest; involvement in something that could result in a financial gain or loss.
A classification of family relationships based on shared ancestry. Examples include great-grandparents, great-grandchildren, uncles, aunts, nieces, and nephews.
Corrupt purpose
Acting with an improper motive or for an illegal benefit, often involving dishonesty or bribery, rather than for a legitimate public interest.
