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Are Legislative Limits on the Presidential Pardon Power Constitutional?

By Calvin Massey

The American Freedom Campaign has proposed a legislative limit on the President's pardon power.   Called the Pardon Disclosure Act, the heart of the proposal (scroll down) follows: 

"Any pardon issued by the President under Article II, section 2, clause 1, of the Constitution of the United States, if granted to the President, the Vice-President or any political appointees in the President's own administration, shall specifically identify each individual to whom a pardon is being granted along with the crimes committed or acts taken in the course of his or her official duties for which that person is being pardoned."

The existing statutes relating to the pardon power create a structure by which the Justice Department reviews pardon applications and makes recommendations to the President but the President is not bound by those recommendations and may even ignore the entire review and recommendation structure (as I believe President Clinton did with some of his pardons in the last days of his administration).  The Founders debated whether to limit the President's pardon power, specifically discussing the issue of pardons of members of the President's own administration, but left the pardon power unfettered.  I do not think Congress has the constitutional authority to enact the proposed Pardon Disclosure Act.  I do not think secret pardons are a wise use of the pardon power, but the constitutional design gives the President plenary and unlimited power to issue pardons.   

Full post as published by The Faculty Lounge on December 06, 2008 (boomark / email).