1. United States
2. Calif.
3. Letter

I am writing to urge you to support a constitutional amendment eliminating the presidential pardon power. Recent events have demonstrated that this power, as Stanford University Professor Terry M. Moe argues, was a huge mistake by the Framers. There is no good reason for it given our judicial system and rule of law, and presidents lack special expertise or proper incentives, opening the door to favoritism and corruption. The history of pardon abuse is extensive and bipartisan. Andrew Johnson pardoned Confederate leaders who then kept former slaves powerless. Richard Nixon pardoned Jimmy Hoffa and gained teamster endorsement. Gerald Ford pardoned Nixon. Bill Clinton pardoned Marc Rich. Donald Trump pardoned convicted cronies and Blackwater employees convicted of murdering fourteen unarmed civilians in Iraq, and most recently pardoned all January 6th insurrectionists who violently attacked the Capitol, law enforcement officers, and our democratic process. President Biden pardoned his son Hunter despite previously stating he would not, serving exclusively the needs of the Biden family rather than the country's interests. I understand that eliminating this power requires a constitutional amendment with two-thirds majorities in both chambers of Congress and approval by three-fourths of states. While this is difficult, it is not impossible. Our Constitution has been amended twenty-seven times when Americans recognized fundamental flaws in our system. The argument that pardons serve as a backstop against unjust court proceedings ignores that we have an entire appeals system designed for exactly that purpose. The argument that pardons promote national healing is undermined by the reality that they more often serve private interests and corrupt purposes. As University of Texas Law School Professor Sanford Levinson notes regarding Biden's pardon, at best it represents individualized mercy, at worst an almost petulant use of personal power. I ask that you introduce or cosponsor a constitutional amendment to eliminate the presidential pardon power entirely. Our justice system does not need this relic of monarchy, and our democracy deserves better than a power that consistently enables favoritism and corruption.