Book contents
- Pardons
- Pardons
- Copyright page
- Dedication
- Contents
- Figures and Table
- Acknowledgments
- Introduction
- 1 Pardons and Kingship in Britain, 1066–1788
- 2 Pardons in the British North American Colonies, 1607–1775
- 3 Pardons in America in the Revolutionary Period, 1775–1787
- 4 The Founders’ Pardon Power
- 5 Presidential Pardons from George Washington to James Buchanan, 1789–1861
- 6 Pardons and Amnesties during the Civil War
- 7 Pardons and Amnesties during Reconstruction, Part 1
- 8 Pardons and Amnesties during Reconstruction, Part 2
- 9 Pardons from the End of Reconstruction to the Eve of World War I
- 10 Pardons in the Era of the Administrative State and Global War
- 11 The Pardon Process Begins to Wither
- 12 Reagan to Obama (1981–2017)
- 13 Pardons as Tools of Political Warfare
- 14 The Pardons of Joe Biden and Trump’s Second Term
- 15 The Law of Pardons
- 16 The Law of Pardons
- 17 The Law of Pardons
- 18 Executive Discretion and the Rule of Law
- 19 The Constitution Should Be Amended to Abolish or Modify the Presidential Pardon Power
- Notes
- Index
17 - The Law of Pardons
The Imagined Power of Self-Pardon
Published online by Cambridge University Press: 25 October 2026
Book contents
- Pardons
- Pardons
- Copyright page
- Dedication
- Contents
- Figures and Table
- Acknowledgments
- Introduction
- 1 Pardons and Kingship in Britain, 1066–1788
- 2 Pardons in the British North American Colonies, 1607–1775
- 3 Pardons in America in the Revolutionary Period, 1775–1787
- 4 The Founders’ Pardon Power
- 5 Presidential Pardons from George Washington to James Buchanan, 1789–1861
- 6 Pardons and Amnesties during the Civil War
- 7 Pardons and Amnesties during Reconstruction, Part 1
- 8 Pardons and Amnesties during Reconstruction, Part 2
- 9 Pardons from the End of Reconstruction to the Eve of World War I
- 10 Pardons in the Era of the Administrative State and Global War
- 11 The Pardon Process Begins to Wither
- 12 Reagan to Obama (1981–2017)
- 13 Pardons as Tools of Political Warfare
- 14 The Pardons of Joe Biden and Trump’s Second Term
- 15 The Law of Pardons
- 16 The Law of Pardons
- 17 The Law of Pardons
- 18 Executive Discretion and the Rule of Law
- 19 The Constitution Should Be Amended to Abolish or Modify the Presidential Pardon Power
- Notes
- Index
Summary
Addresses and rejects the contention that presidents may pardon themselves, employing arguments from etymology, British practice before the American founding, the constitutional structure and text, statements of the Framers and ratifiers, original public meaning, American practice since 1788, and fact that a president with a power of self-pardon would be a monarchical figure immune from the rule of law.
Keywords
Information
- Type
- Chapter
- Information
- PardonsDiscretionary Mercy and the Rule of Law in Britain and America, 1066–2026, pp. 458 - 467Publisher: Cambridge University PressPrint publication year: 2026
Accessibility standard: WCAG 2.0 A
Why this information is here
This section outlines the accessibility features of this content - including support for screen readers, full keyboard navigation and high-contrast display options. This may not be relevant for you.Accessibility Information
The HTML of this chapter
conforms to version 2.0 of the
Web Content Accessibility Guidelines
(WCAG), ensuring core accessibility principles are addressed and meets the basic
(A)
level of WCAG compliance, addressing essential accessibility barriers.
Content Navigation
Table of contents navigation
Allows you to navigate directly to chapters, sections, or non‐text items through a linked table of contents, reducing the need for extensive scrolling.
Allows you to navigate directly to chapters, sections, or non‐text items through a linked table of contents, reducing the need for extensive scrolling.
Index navigation
Provides an interactive index, letting you go straight to where a term or subject appears in the text without manual searching.
Provides an interactive index, letting you go straight to where a term or subject appears in the text without manual searching.
Reading Order & Textual Equivalents
Single logical reading order
You will encounter all content (including footnotes, captions, etc.) in a clear, sequential flow, making it easier to follow with assistive tools like screen readers.
You will encounter all content (including footnotes, captions, etc.) in a clear, sequential flow, making it easier to follow with assistive tools like screen readers.
Short alternative textual descriptions
You get concise descriptions (for images, charts, or media clips), ensuring you do not miss crucial information when visual or audio elements are not accessible.
You get concise descriptions (for images, charts, or media clips), ensuring you do not miss crucial information when visual or audio elements are not accessible.
Full alternative textual descriptions
You get more than just short alt text: you have comprehensive text equivalents, transcripts, captions, or audio descriptions for substantial non‐text content, which is especially helpful for complex visuals or multimedia.
You get more than just short alt text: you have comprehensive text equivalents, transcripts, captions, or audio descriptions for substantial non‐text content, which is especially helpful for complex visuals or multimedia.
Structural and Technical Features
ARIA roles provided
You gain clarity from ARIA (Accessible Rich Internet Applications) roles and attributes, as they help assistive technologies interpret how each part of the content functions.
You gain clarity from ARIA (Accessible Rich Internet Applications) roles and attributes, as they help assistive technologies interpret how each part of the content functions.