Book contents
- Pardons
- Pardons
- Copyright page
- Dedication
- Contents
- Figures and Table
- Acknowledgments
- Introduction
- 1Pardons and Kingship in Britain, 1066–1788
- 2Pardons in the British North American Colonies, 1607–1775
- 3Pardons in America in the Revolutionary Period, 1775–1787
- 4The Founders’ Pardon Power
- 5Presidential Pardons from George Washington to James Buchanan, 1789–1861
- 6Pardons and Amnesties during the Civil War
- 7Pardons and Amnesties during Reconstruction, Part 1
- 8Pardons and Amnesties during Reconstruction, Part 2
- 9Pardons from the End of Reconstruction to the Eve of World War I
- 10Pardons in the Era of the Administrative State and Global War
- 11The Pardon Process Begins to Wither
- 12Reagan to Obama (1981–2017)
- 13Pardons as Tools of Political Warfare
- 14The Pardons of Joe Biden and Trump’s Second Term
- 15The Law of Pardons
- 16The Law of Pardons
- 17The Law of Pardons
- 18Executive Discretion and the Rule of Law
- 19The Constitution Should Be Amended to Abolish or Modify the Presidential Pardon Power
- Notes
- Index
4 - The Founders’ Pardon Power
Published online by Cambridge University Press: 25 October 2026
Book contents
- Pardons
- Pardons
- Copyright page
- Dedication
- Contents
- Figures and Table
- Acknowledgments
- Introduction
- 1Pardons and Kingship in Britain, 1066–1788
- 2Pardons in the British North American Colonies, 1607–1775
- 3Pardons in America in the Revolutionary Period, 1775–1787
- 4The Founders’ Pardon Power
- 5Presidential Pardons from George Washington to James Buchanan, 1789–1861
- 6Pardons and Amnesties during the Civil War
- 7Pardons and Amnesties during Reconstruction, Part 1
- 8Pardons and Amnesties during Reconstruction, Part 2
- 9Pardons from the End of Reconstruction to the Eve of World War I
- 10Pardons in the Era of the Administrative State and Global War
- 11The Pardon Process Begins to Wither
- 12Reagan to Obama (1981–2017)
- 13Pardons as Tools of Political Warfare
- 14The Pardons of Joe Biden and Trump’s Second Term
- 15The Law of Pardons
- 16The Law of Pardons
- 17The Law of Pardons
- 18Executive Discretion and the Rule of Law
- 19The Constitution Should Be Amended to Abolish or Modify the Presidential Pardon Power
- Notes
- Index
Summary
An account of the drafting of the US Constitution focusing on its basic structure, the rejection of monarchy, the place of the presidency and executive power in the constitutional framework, and the debates over whether a pardon power should be confided in the president and, if so, the extent of the pardon power and whether it should be shared with or limited by Congress or the judiciary. The chapter also addresses constitutional constraints on presidential power including impeachment and criminal prosecution.
Keywords
Information
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- Information
- PardonsDiscretionary Mercy and the Rule of Law in Britain and America, 1066–2026, pp. 90 - 114Publisher: Cambridge University PressPrint publication year: 2026
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