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Understanding HJRES135: Proposing an amendment to the Constitution of the United States to limit the pardon power of the Pre

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H.J.Res.135 is a proposed amendment to the U.S. Constitution aimed at limiting the President's power to grant pardons. This bill seeks to introduce new restrictions on how and when presidential pardons can be issued, potentially changing a significant aspect of executive authority.

What This Bill Does

H.J.Res.135 proposes a constitutional amendment that would place new limits on the President's ability to issue pardons. Currently, the President has broad authority to pardon individuals for federal offenses, which can include reducing sentences or forgiving crimes altogether. This bill aims to introduce specific restrictions to ensure that this power is not used inappropriately. The bill does not provide detailed text in the available summaries, but the intent is to prevent potential abuses of the pardon power. For instance, it might include provisions that restrict pardons in cases where the President has a personal interest or where the pardon could undermine justice. The exact mechanisms of these limitations would be outlined in the full legislative text. By proposing these changes, the bill seeks to balance the President's ability to offer clemency with the need for accountability and fairness in the justice system. It reflects concerns that the pardon power, if unchecked, could be used to protect allies or obstruct legal processes.

Why It Matters

The proposed amendment could have significant implications for how justice is administered in the United States. By limiting the President's pardon power, the bill aims to prevent potential misuse that could impact public trust in the legal system. For everyday Americans, this means there could be more oversight and transparency in how pardons are granted. It could also ensure that pardons are used more judiciously, focusing on cases where there is a genuine need for clemency rather than personal or political gain.

Key Facts

  • Cost/Budget Impact: The financial implications of implementing this amendment are not detailed in the available summaries.
  • Timeline for Implementation: As a constitutional amendment, the bill would require approval by two-thirds of both houses of Congress and ratification by three-fourths of the states.
  • Number of People Affected: The amendment would affect all future cases where a presidential pardon might be considered.
  • Key Dates: Introduced in the 119th Congress (2025-2026), but specific legislative milestones are not provided.
  • Historical Context: The pardon power has been a part of the U.S. Constitution since its inception, with few changes over time.
  • Real-World Impact: Could change how and when pardons are granted, affecting individuals seeking clemency.
  • Legislative Process: Requires significant legislative and state-level support to become part of the Constitution.

Arguments in Support

- Preventing Abuse: Supporters argue that limiting the pardon power will prevent Presidents from using it to protect friends or political allies from legal consequences. - Promoting Fairness: The amendment could ensure that pardons are granted based on merit and justice, rather than personal interest. - Enhancing Accountability: By introducing restrictions, the bill could make the President more accountable for their use of pardons. - Protecting the Legal System: Supporters believe this will safeguard the integrity of the judicial process by preventing interference through pardons. - Increasing Public Trust: Limiting pardon power could increase public confidence in the fairness and impartiality of the justice system.

Arguments in Opposition

- Limiting Executive Authority: Critics argue that the President's pardon power is a vital tool for correcting injustices and should not be unduly restricted. - Potential for Bureaucratic Hurdles: Opponents worry that new restrictions could create unnecessary red tape, delaying or complicating the pardon process. - Historical Precedent: Some believe that the existing system has worked well historically and that changes are unnecessary. - Risk of Political Manipulation: There are concerns that limiting the pardon power could lead to increased political interference in the justice system. - Impact on Clemency: Critics fear that deserving individuals might be denied clemency due to overly stringent restrictions.
Sources8
Last updated 1/18/2026
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    ogles.house.gov
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    govinfo.gov
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Understanding HJRES135: Proposing an amendment to the Constitution of the United States to limit the pardon power of the Pre | ModernAction