President-elect Trump’s senior adviser and former personal lawyer Alina Habba predicted on Friday that after he granted his son clemency, President Biden will issue more pardons in the days to come…
The impeachment process is equally broad, though, and while it must function on a case-by- case basis, it can be used to put guardrails around “essentially unlimited” powers like this. While the Pardon power itself is broad, it is not a license to violate the rest of the Constitution.
Congress can step in and say “Yes, there are limits to the pardon power, because if a President goes too far we can put him in check”, and then define “too far” in the impeachment resolution.
Courts have consistently ruled that the pardon power is essentially unlimited.
The impeachment process is equally broad, though, and while it must function on a case-by- case basis, it can be used to put guardrails around “essentially unlimited” powers like this. While the Pardon power itself is broad, it is not a license to violate the rest of the Constitution.
Congress can step in and say “Yes, there are limits to the pardon power, because if a President goes too far we can put him in check”, and then define “too far” in the impeachment resolution.