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HJRES 13119th CongressIn Committee

Proposing an amendment to the Constitution of the United States limiting the pardon power of the President.

Introduced: Jan 9, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

H. J. Res. 13 is a joint resolution introduced in the 119th Congress proposing a constitutional amendment to limit the President’s pardon power. If enacted, it would add a new article to the Constitution that bars the President from granting pardons or reprieves to specific categories of people connected to the President or the President’s circle, and it would require Congress to enforce the provision through legislation. The key limitations would exclude the President from pardoning himself, close relatives (up to a third-degree relation) or a spouse, current or former members of the President’s administration, paid campaign staff, and any person or entity whose offense was driven by personal or pecuniary interest of the President or their associates, or offenses directed or coordinated with the President. It also would invalidate any pardon granted for a corrupt purpose. Section 2 gives Congress power to enforce the amendment by appropriate legislation. The amendment would need two-thirds support in both houses and ratification by three-fourths of state legislatures to become part of the Constitution.

Key Points

  • 1The President would lose the authority to grant pardons or reprieves to: (a) the President themselves; (b) any person up to a third-degree relation of the President or the President’s spouse; (c) current or former members of the President’s administration; (d) paid staff on the President’s campaign; (e) any person or entity for offenses motivated by direct and significant personal or pecuniary interests of the President or those tied to the President.
  • 2The President would be barred from pardoning offenses “at the direction of, or in coordination with, the President.”
  • 3A pardon issued for a corrupt purpose would be invalid, meaning corrupt intent or motive would nullify a pardon.
  • 4Section 2 grants Congress the power to enforce the amendment through appropriate legislation.
  • 5The amendment requires the standard constitutional process: two-thirds vote in both the House and Senate to propose, and ratification by three-fourths of state legislatures to become part of the Constitution; it follows the traditional Article V path for constitutional amendments.

Impact Areas

Primary area affected: The Office of the Presidency and the clemency/pardons process. The executive branch would face new, explicit constraints on granting pardons and reprieves.Secondary areas affected: The President’s close circle (family, relatives, current or former staff, paid campaign personnel) and any individuals or entities with personal/pecuniary ties to those in the President’s orbit; potential shifts in how political relationships influence clemency.Additional impacts: Redefinition of what constitutes a “corrupt purpose” for pardons and clarifications needed for phrases like “up to a third-degree relation,” “in coordination with,” and the scope of enforcement by Congress. The amendment would also reallocate some power to Congress to regulate clemency, potentially changing political dynamics around presidential mercy powers and post-conviction relief.
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