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Presidential pardons: The history behind them and how they are used today

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Published  January 22, 2025 11:48pm EST
Politics
FOX 13 News

Exploring the history of presidential pardons

FOX 13's Evan Axelbank reports on the history of presidential pardons, from George Washington at the nation's inception to Donald Trump's second term, which just started two days ago.

The Brief

    • Now-former President Joe Biden and President Donald Trump ended and began their respective terms by issuing numerous pardons.
    • The United States founders envisioned a narrow scope for the presidential pardon when they drafted the Constitution. Still, they worried that restricting the pardon would impede the president’s powers.
    • The pardon has long been part of presidencies, with George Washington issuing the first pardons at the nation's inception.

WASHINGTON D.C. - The recent flurry of presidential pardons from both former President Biden and President Trump has put a renewed focus on what the Constitution allows a president to do. 

When President Ford pardoned President Nixon, he gave a nine-minute address to the American people. 

President Ford addressing the nation after pardoning President Richard Nixon.

President Ford addressing the nation after pardoning President Richard Nixon.

"Difficult decisions always come to this desk," Ford said at the time. "Someone must write the end. I have concluded that only I can do that."

READ: Biden’s letter to Trump revealed: ‘May God bless you and guide you’

With the swipe of a pen, Ford ensured Nixon could never face charges over spying on the Democratic Party at the Watergate Hotel.

What is a presidential pardon?

Dig deeper:

"There's no question that it's absolute," said Paul Larkin, a scholar at the Heritage Foundation.

The pardon power comes from one sentence of the Constitution’s Article II, Section Two.  It says the president "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." 

The pardon is explained in one sentence in Article II Section Two of the United States Constitution.

The pardon is explained in one sentence in Article II Section Two of the United States Constitution.

Larkin says it was based on the English monarchy. 

"The king could excuse people from whatever crime they had committed because the offense was against him," Larkin said.

READ: Trump renames the Gulf of Mexico the 'Gulf of America' 

Founders' view of the pardon

What they're saying:

What the framers didn't foresee were all the off ramps that now exist to save a convict from a heavy-handed legal system, like appeals and sentencing guidelines. 

Naturally, George Washington issued the first pardon to those who participated in the Whiskey Rebellion and refused to pay taxes. 

George Washington's pardon to those who participated in the Whiskey Rebellion.

George Washington's pardon to those who participated in the Whiskey Rebellion. 

"Washington said, ‘If you put down your weapons, I'll pardon you so you won't all be hanged,’ Michigan State University Professor Brian Kalt said." 

Scholars say there was an understanding among the framers, even though there was not a lot of discussion at the Constitutional Convention over the pardon power. 

"They were content to leave it to the people," said Kalt. "If the president abuses his pardon power, he can be impeached, he can lose votes, lose political support."

Pardons in modern politics

While now-former President Biden is not the only one to pardon his family – Bill Clinton pardoned his brother, Roger, over a drug trafficking charge from fifteen years earlier – Biden pardoned his son after saying he wouldn't and after his vice president lost the general election. 

President Trump promised during the same campaign that he would pardon at least some of the January 6th rioters. And he did, pardoning 1,500 of them on his first day.

President Trump holding pardons given to January 6 rioters.

President Trump holding pardons given to January 6 rioters.

WATCH: Reaction to Trump’s January 6 pardons  

"In that regard, I think it would be less troubling to the framers of the Constitution than some of the last-minute pardons that we've seen from other presidents," said Kalt. 

A Wall Street Journal poll showed 58% are opposed to the January 6th pardons by Trump, while 74% were opposed to Biden’s pardon for Hunter.

WATCH: President Biden pardons son Hunter Biden               

There was a discussion among the framers whether crimes of treason should be exempted, but they were worried they would be impugning Washington's integrity by building safeguards into the constitution.               

President Andrew Johnson would one day pardon Confederate President Jefferson Davis. 

And while Ford's pardon of Nixon was absolute, it's possible it was the single biggest reason he lost re-election to President Jimmy Carter. In that case, Ford used the power the framers gave him and paid for it in the way they intended.

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    The Source: FOX 13’s Evan Axelbank collected the information in this story courtesy of Paul Larkin, Brian Kalt, the United States Constitution, and Mtvernon.org.

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