1. United States
  2. Utah
  3. Letter

Proposal for Constitutional Pardon Reform

To: Rep. Moore, Sen. Curtis, Sen. Lee

From: A verified voter in Layton, UT

March 17

I am writing to you today as a concerned constituent to propose a vital structural reform for the upcoming 120th Congress. The current plenary grant of pardon authority under Article 2, Section 2 of the Constitution has increasingly become a tool for political favoritism and the circumvention of judicial outcomes. To restore the rule of law and ensure that the power of mercy is applied fairly and professionally, I urge you to support the advancement of two specific Constitutional Amendments. 1. The Pardons Clause Repeal Amendment This amendment would transition the power to grant reprieves and pardons from a unilateral executive decision to a transparent, regulated process. It proposes the following: Section 1: Repeals the relevant portion of Article 2, Section 2, Clause 1, stripping the President of the power to grant pardons and reprieves. Section 2: Empowers Congress to establish and fund an independent commission or agency with the professional authority to grant clemency. Section 3: Grants Congress the power to issue pardons and reprieves via joint resolution. Section 4: Defines the scope of this authority to include conditional pardons, commutations, remissions of fines, respites, and amnesties. 2. The Revocation of Pardons and Reprieves Amendment To provide a necessary check on previous or future abuses of this authority, this amendment establishes a mechanism for accountability: Section 1: Authorizes Congress to establish an independent body with the power to revoke pardons issued under the President’s prior authority. Section 2: Grants Congress the power to revoke specific pardons or reprieves via joint resolution. Section 3: Stipulates that revocation reimposes any penalty still owed by a living person or their estate unless otherwise specified. A Professional Model for the 21st Century Many U.S. states and modern democracies have already moved away from unilateral executive mercy in favor of professional boards. This shift ensures that clemency is based on objective criteria rather than political loyalty. By advancing these amendments, we can ensure that no individual is above the law and that the pardon power can never again be used to shield associates from the consequences of criminal activity. Limiting the power of the presidency is a pro-democracy stance that benefits the Republic regardless of which party holds the White House. I believe these reforms can garner the necessary two-thirds support in Congress and achieve rapid ratification in the states, similar to the success of the 26th Amendment. I look forward to hearing your position on this proposal and your commitment to safeguarding our constitutional order.

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