Limit Presidential Pardon Power Amendment

Summary#

This proposed constitutional amendment would limit the President's power to grant reprieves and pardons for federal offenses. It requires the President to notify the President pro tempore of the Senate and the Speaker of the House within 3 days of granting a reprieve or pardon. After notification, Congress would have 30 days to introduce a bill to nullify the reprieve or pardon. If such a bill is introduced, Congress could pass it within 60 days by a two-thirds vote in both Houses. If Congress does not pass a nullification bill, the reprieve or pardon becomes effective 90 days after the President's notification. A reprieve or pardon has no effect if the President fails to notify the congressional leaders within 3 days. The President may not grant a reprieve or pardon for an offense that Congress previously nullified. Congress may enact laws to enforce this amendment.

What it means for you#

• Presidential reprieves and pardons for federal offenses could be delayed and subject to cancellation by Congress if Congress follows the timing and voting rules in the amendment.
• A pardon would not take effect until 90 days after Congress is notified, unless Congress passes a nullification bill by the required two-thirds votes in both Houses.
• If the President does not notify the two congressional leaders within 3 days, the reprieve or pardon would be invalid and have no effect.

Expenses#

No publicly available information on costs or budgetary effects.

Proponents' View#

No publicly available information on proponents' stated arguments. Sponsors listed in the bill metadata include Johnny Olszewski, Don Bacon, James Walkinshaw, Mike Levin, Shri Thanedar, Julie Johnson, Sarah Elfreth, and George Whitesides.

Opponents' View#

No publicly available information on opponents' stated arguments.