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Congressman Cohen Introduces an Amendment to the Constitution to Limit the Presidential Pardon Power

May 11, 2023

Currently there is no substantive check on a President’s broad clemency power

WASHINGTON – Congressman Steve Cohen (TN-9), a senior member of the Judiciary Subcommittee on the Constitution and Limited Government, today introduced a Constitutional Amendment to limit a President’s pardon power.

Congressman Cohen made the following statement:

“The pardon power is supposed to be a safety valve against injustice.  It is not supposed to be a way for presidents to put themselves, their families, members of their administration and campaign staff above the law. I first introduced a version of this amendment during the 115th Congress, and I have introduced it in every Congress since. 

“This Constitutional Amendment would explicitly prohibit a self-pardon, pardons of family members, administration officials, and campaign employees.  It would also bar the President from issuing pardons to those who’s crimes were committed to further a direct and significant personal interest of the President or others close to him or her, and those whose crimes were committed at the direction of, or in coordination with, the President. Finally, the amendment also clarifies that no pardon issued for a corrupt purpose – past, present, or future – is valid.

“There is no substantive check on the President’s broad clemency power, making it ripe for abuse and self-dealing. This amendment is the answer.  It places meaningful limits on the power to prevent misuse.”

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