Proposing an amendment to the Constitution of the United States to limit the pardon power of the President.
Impact
This resolution reflects a significant shift in the oversight of pardons, placing a check on the executive authority by allowing Congress to intervene in the pardon process. By amending the Constitution in this manner, it seeks to enhance Congressional oversight and fulfill the principle of checks and balances that is foundational to the United States governmental structure. Proponents argue that it will prevent potential abuses of power, especially in controversial cases where a president's pardon may stir public outrage or suspicion of impropriety.
Summary
HJR135 is a proposed joint resolution that seeks to amend the United States Constitution to limit the presidential pardon power. Specifically, the amendment mandates that the President notify Congress of any reprieve or pardon within three days. Following this notification, Congress has a window of 30 days to introduce a bill to nullify the pardon. If a bill is introduced, Congress must then vote and the nullification can only pass with a two-thirds majority in both the House and the Senate. If Congress does not take action, the pardon will take effect 90 days after the notification.
Contention
Notably, the bill addresses several contentious points including the practicality of granting Congress the power to nullify a pardon. Critics may contend that this amendment could hinder the President’s ability to grant clemency, which has historically been viewed as a necessary, albeit discretionary, function of the executive branch. The resolution also raises legal questions regarding the implications of Congressional notification and potential delays that might occur before granting a pardon takes effect, sparking debates regarding the balance between state authority and presidential discretion.
Proposing an amendment to the Constitution of the United States providing that there is no immunity from criminal prosecution for an act on the grounds that such act was within the constitutional authority or official duties of an individual, and providing that the President may not grant a pardon to himself or herself.
Urging The United States Congress To Call A Convention For Proposing Amendments Pursuant To Article V Of The United States Constitution Limited To Proposing Amendments That Impose Fiscal Restraints On The Federal Government, Limit The Power And Jurisdiction Of The Federal Government, And Limit The Terms Of Office For Its Officials And Members Of Congress.
Urging The United States Congress To Call A Convention For Proposing Amendments Pursuant To Article V Of The United States Constitution Limited To Proposing Amendments That Impose Fiscal Restraints On The Federal Government, Limit The Power And Jurisdiction Of The Federal Government, And Limit The Terms Of Office For Its Officials And Members Of Congress.
Urging The United States Congress To Call A Convention For Proposing Amendments Pursuant To Article V Of The United States Constitution Limited To Proposing Amendments That Impose Fiscal Restraints On The Federal Government, Limit The Power And Jurisdiction Of The Federal Government, And Limit The Terms Of Office For Its Officials And Members Of Congress.