What is the President's pardon power?
Answer
The power to forgive federal crimes and reduce sentences
Explanation
The pardon power allows the President to forgive federal crimes, reduce or commute sentences, and grant amnesty to people convicted of or charged with federal offenses. The power is set out in Article II, Section 2 of the Constitution, which gives the President authority to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. Pardons cover only federal crimes, not state crimes. A presidential pardon does not affect state convictions or sentences.
The pardon power is one of the broadest powers any President holds. Once granted, a pardon cannot be revoked, and the courts cannot review the substance of pardon decisions. The President can pardon a person before they are charged, while charges are pending, after conviction, or after the sentence has been served. Pardons can be conditional or absolute, and they can apply to a specific person or to a class of people through a grant of amnesty.
The most common form is a posthumous review, where presidents grant pardons years or decades after a conviction. Notable presidential pardons include George Washington's pardon of leaders of the Whiskey Rebellion in 1795, Abraham Lincoln's pardons of Civil War deserters, Andrew Johnson's amnesty for former Confederates after the Civil War, Gerald Ford's controversial pardon of Richard Nixon in 1974 for any crimes related to Watergate, Jimmy Carter's amnesty for Vietnam War draft evaders in 1977, Bill Clinton's controversial pardon of fugitive financier Marc Rich in 2001, and Donald Trump's pardons of various political and personal allies during and at the end of his first term.
Modern presidents also use commutations, which reduce sentences without erasing the conviction itself. President Obama issued more than 1,700 commutations, primarily to reduce sentences for non-violent drug offenses he viewed as too harsh. The Office of the Pardon Attorney within the Department of Justice reviews most pardon and commutation requests and makes recommendations to the President, though the President is not bound by these recommendations.
The pardon power is sometimes criticized as too broad, but it has been part of the constitutional design from the beginning, drawn from English royal practice and modified to fit a republican government.
Why this matters for your test
The pardon power gives the President the ability to override federal criminal convictions, a sweeping authority that connects executive action with the criminal justice system.
Source: USCIS 128 Civics Questions (2025)
