Skip to main content

The Pardon Is Broken. Admit It. Fix It.

 

The Pardon Is Broken. Admit It. Fix It.
The presidential pardon was sold as mercy. A narrow escape hatch for injustice. A way to soften the law when the law went too far.
That story no longer holds.
Article II, Section 2, Clause 1 gives the president the power to erase federal crimes with a signature. No review. No appeal. No meaningful limits beyond impeachment and jurisdiction. Courts call it plenary. Unlimited. They are not being poetic. No court has ever overturned a valid presidential pardon. Motive does not matter. Ethics do not matter. Optics do not matter. The ink dries, the slate clears, and the system moves on.
Legally, Donald Trump did not abuse this power. He wielded it exactly as written.
That fact should be doing more work than it is.
Trump’s pardons were not quiet. They were not sheepish. They were not framed as reluctant acts of grace. They were overt, transactional, sometimes preemptive, and often timed to send a message. Allies. Loyalists. Figures whose legal exposure conveniently intersected with his own. Then came sweeping clemency broad enough to eliminate any lingering ambiguity about purpose.
This was not mercy. It was leverage.
Trump did not corrupt the pardon power. He stripped it of its mythology. He demonstrated, in plain view, that the Constitution allows a president to reward loyalty, neutralize legal threats, and override the justice system without consequence, provided impeachment does not land. That is not a loophole. That is the design functioning as written.
The Founders worried about this. George Mason warned that a president could pardon crimes “which were advised by himself” and escape accountability. Alexander Hamilton argued restraint would suffice. They chose trust over enforcement. That assumption made sense in a smaller republic, a slower presidency, and a political culture that still punished shame.
None of that exists now.
Modern presidents operate under constant legal pressure, permanent media exposure, and incentives that reward dominance over restraint. The pardon power did not evolve to match that reality. It remained frozen, insulated by tradition and the comforting belief that “our guy” would never push it too far.
Trump pushed it all the way to the edge. The system did not blink.
This is not a personality problem. It is not even a Trump problem. It is a structural failure hiding behind legality. A president can pardon family members. A president can pardon political allies. A president can pardon individuals whose crimes directly benefit the president himself. Courts cannot intervene. Congress cannot fence it in by statute. Norms carry no enforcement power.
Hope is doing the heavy lifting.
Hope is not a safeguard.
If this power feels janky in Trump’s hands, it should feel janky in any hands. The presidency is temporary. The authority is not. Betting the integrity of the justice system on the character of future presidents is not constitutional faith. It is wishful thinking.
There is only one true fix, and it is the one Washington will continue to avoid. Article V.
The Constitution must be amended. Not nudged. Not creatively interpreted. Amended.
No self-pardons.
No pardons for immediate family.
No pardons tied to crimes involving the president’s own conduct.
No sweeping clemency deployed as political insulation.
Clear limits. Written limits. Enforceable limits.
Yes, this will be hard. Yes, it will be partisan. Yes, it will take time. Every meaningful constitutional correction has been. The document has been amended twenty-seven times not because it was weak, but because it was designed to be corrected when reality changed.
Trump did not create this reckoning. He forced it by operating inside the rules without pretending the rules were noble.
The pardon power survived the stress test. That is precisely why it needs to change.
The only real question left is whether we fix it deliberately or wait for the next president to demonstrate the same lesson again, louder, and with fewer illusions remaining.
Fix it. Or admit we’re fine with it.

By Brian Wilson, The Bipartisan Patriot

Comments

Popular posts from this blog

Maximize the performance of your NVIDIA GeForce RTX 5070 on Windows 11

Maximize the performance of your NVIDIA GeForce RTX 5070 on Windows 11, you can optimize both hardware and software settings. Below is a step-by-step guide focusing on driver updates, NVIDIA Control Panel settings, overclocking with MSI Afterburner, and Windows 11 optimizations. Each step includes relevant code or configuration details wrapped in an <xaiArtifact> tag where applicable. ***Note that some steps involve configuration rather than code, but I’ll provide scripts where possible to automate or illustrate the process. Step 1: Update NVIDIA Drivers to the Latest Version Keeping your GPU drivers up to date ensures optimal performance and compatibility with games and applications, especially for the RTX 5070, which requires the latest Game Ready Drivers for DLSS 4 and Multi Frame Generation support. Action: Download and install the latest NVIDIA Game Ready Driver from the NVIDIA website or use the NVIDIA App. Why: The latest drivers (e.g., 572.47 WHQL) include o...

WINGET: The Pros and Cons of Using Windows Package Manager for Software Updates

 Need to update your programs?  WINGET: The Pros and Cons of Using Windows Package Manager for Software Updates Maintaining up-to-date software is a key component of ensuring system security, stability, and performance on any Windows machine. As part of its modernization efforts, Microsoft introduced WINGET, the Windows Package Manager, a command-line tool designed to simplify the process of installing, updating, and managing applications. WINGET is particularly useful for IT professionals, power users, and system administrators looking for a more efficient way to maintain software across single machines or entire fleets. This article explores the benefits and limitations of using WINGET for software updates, along with the basic command-line syntax required to use it effectively. What Is WINGET? WINGET is a command-line utility for Windows that interacts with an open-source repository of software packages. It enables users to quickly install, update, and uninstall supported a...

A Passage for a Republic Unraveling

So, I have been reading much poetry of late, Whitman, Poe, Plath, Ginsberg, and their kindred spirits. At the same time, I have been witnessing the melodrama unfolding in our once-great country, and I felt compelled to write the following in the spirit of these poets. Our nation stands in peril, not from enemies without, but from those within. A Passage for a Republic Unraveling By Brian Wilson I sing not of triumphs, not of the sea-wind nor the plow, not of the railways stretching across the prairie, nor of the bridges binding one shore to another, but of a nation folding inward, a republic gnawing its own bones. O America, I address you you who once declared liberty on parchment, you who thundered with voices of orators, you who bent iron for freedom’s sake, who sent your sons into fields of battle with liberty as a banner. Now you stand trembling, your knees buckling beneath your own weight. The halls of Congress echo not with reason, but with the clamor of children fighting over sc...