American democracy operates on a fundamental principle of checks and balances designed to prevent any single branch of government from accumulating too much power. Yet one presidential authority remains entirely unchecked: the power to grant pardons.
The Unchecked Power of Presidential Pardons
In our constitutional system, Congress can override presidential vetoes, courts can strike down executive actions, but when a president issues a pardon, neither Congress nor the judiciary has any recourse. This absolute power has led to what columnist Jonah Goldberg describes as grotesque abuses by both Donald Trump and Joe Biden.
During his first term, Trump issued controversial pardons to political allies, lackeys, and convicted war criminals. Biden responded with what Goldberg characterizes as blanket and preemptive pardons for family members and political associates, allegedly to protect them from potential prosecution under a future Trump administration.
Recent Abuses Highlight Systemic Failure
The situation has escalated dramatically in Trump's second term. The former president began by granting mass pardons to January 6 rioters who stormed the Capitol building. Since then, he's pardoned numerous donors, partisan allies, and business associates.
One particularly troubling case involves crypto billionaire Changpeng Zhao, former CEO of Binance. Zhao had pleaded guilty to money laundering charges related to his platform's facilitation of terrorist and criminal financing. He also actively supported the Trump family's cryptocurrency ventures, creating the appearance of a pardon exchanged for services rendered.
The Founders' Flawed Safeguard
James Madison, principal author of the Constitution, believed impeachment was the proper remedy for pardon abuse. At the Virginia ratifying convention, he argued that if presidents sheltered criminals, Congress could impeach them.
This safeguard has proven ineffective in today's hyper-partisan environment. As Goldberg notes, neither presidents nor Congress can be trusted with their respective powers regarding pardons and impeachment.
The constitutional framework assumed leaders like George Washington, who established traditions of restraint. The two-term limit became constitutional law only after Franklin Roosevelt violated the tradition, demonstrating how practices must be codified when norms break down.
Time for Constitutional Change
Goldberg argues that the pardon power must be reformed through constitutional amendment. He predicts Trump will likely use the Biden precedent to preemptively pardon his administration, family members, and himself before leaving office.
While clemency remains important in the justice system, leaving this power solely with presidents has led to escalating abuses. The current situation creates perverse incentives where presidents feel compelled to protect themselves and their allies from potential prosecution.
The solution requires amending the Constitution to establish proper checks on this historically abused power, restoring balance to a system that currently grants one person unchecked authority over federal punishments.
