Presidential Pardons

 

President Washington was the first to grant a pardon.  The purpose of pardons was to grant mercy, correct judicial errors, and promote national unity or reconciliation in times of division.  It has served as a check on the judicial system, but also a means of healing, such as when used after the Civil War...to forgive crimes or correct miscarriages of justice.  

Gerald Ford used it to pardon Richard Nixon, believing there was a need to end the Watergate scandal to help the Nation heal.  

The idea of pardons, ironically, came from English Law, with the perspective that mercy given by the King was analogous to forgiveness from God.  How ironic that the Founding Fathers would have associated that analogy in making their decision to provide for pardons, given their strong effort to create a nation without kings, a nation of the people.  It was true that they struggled with the idea of giving the power of Pardons to the President, but ultimately, they did,

Pardons have been given for various reasons.  Jimmy Carter pardoned draft dodgers to help the country put Vietnam behind us.  In general, Presidents have used the power of the Pardon sparingly, and as intended.  Andrew Johnson's pardon of thousands of Confederate Soldiers may have influenced President Carter.  What one President does can tend to open the door for other President's to act accordingly.  Bill Clinton pardoned his half-brother, which might have influenced Joe Biden's decision to pardon his son.

The number of pardons varies from President to President.  Franklin Roosevelt pardoned 2,819; however, it is relevant to recall that Roosevelt served 4 terms, although he died during his final term in office.  Harry Truman pardoned 1,913.  In his first term, Donald Trump ranked third in the number of pardon's granted among all of the other presidents.  In his second term, on the first day he was in office he pardoned 1,500, charged and convicted in the Capital Riot.  Without determining pardons since, Donald Trump is well ahead among presidents in regard to the use of the Pardon power.  

In general, earlier presidents were more constrained in using pardoning power.  Andrew Johnson's grant of thousands of former Confederate Soldiers was the first of the massive granting of pardons.  Many presidents in the early years did not issue pardons beyond 3-digit numbers.

Was the decision by the Founding Fathers to grant a Pardon Power to Presidents a bad idea.  Is it time that a separate branch be created to make the decision of pardons?  Or are the votes of American citizens in electing our presidents the best source of entrusting that power to the wisdom of those they elect.?   I do not know the answer, but it does seem to warrant consideration.