How US Presidents Wield Their Mighty Power to Pardon

Preemptive Pardons: Are They Legal, and How Have Presidents Used Them in History?

Are preemptive pardons legal? Discover how they work, their constitutional basis, and notable examples, including those issued in 2025.

How US presidents wield their mighty power to pardon

The US president’s power to pardon is one of the most misunderstood provisions of the Constitution.

How US Presidents Wield Their Mighty Power to Pardon

The US president’s power to pardon is both one of the most absolute and misunderstood provisions of the Constitution. Rooted in the “prerogative of mercy” of English kings dating back to the seventh century, the founders wanted a robust pardon power to allow “easy access to exceptions in favor of unfortunate guilt” by the justice system, as Alexander Hamilton wrote.