Presidential Clemency Power: Should It Be Reformed?
This essay examines the concept of clemency and the constitutional pardoning power granted to the President of the United States. Beginning with a broad definition of clemency rooted in notions of mercy and forgiveness, the paper traces the historical use of the pardon power and reviews two major modern controversies: Bill Clinton's last-minute pardons in 2001 (dubbed "Pardongate") and George W. Bush's commutation of Scooter Libby's sentence. Drawing on the Framers' original intent, the essay argues that the presidential pardon remains a vital check on judicial excess and that, despite occasional abuse, the power should be preserved rather than eliminated or restricted.
- Introduction: Overview of essay scope and author's thesis
- Defining Clemency: Dictionary and DOJ definitions of clemency
- The Constitutional Basis for Presidential Pardons: Constitutional text granting presidential pardon power
- Modern Controversies: Clinton and Bush: Pardongate and Scooter Libby commutation controversies
- The Framers' Intent and Checks and Balances: Framers' view of pardon as judicial check
- Conclusion: Argument to preserve presidential clemency power
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What makes this paper effective
- The paper takes a clear, defensible position early and consistently supports it with historical and legal evidence rather than relying on opinion alone.
- It grounds the argument in the constitutional text and the Framers' original intent, giving the thesis a principled legal foundation.
- Concrete case studies (Clinton's Pardongate and Bush's Libby commutation) anchor abstract constitutional arguments in well-known real-world events, making the analysis accessible and persuasive.
Key academic technique demonstrated
The paper demonstrates effective use of primary and secondary sources in tandem: the constitutional text establishes the legal baseline, DOJ rules provide procedural context, and a law review article (Love, 2007) supplies scholarly interpretation. This layering of source types strengthens the argument by showing alignment between legal authority, institutional practice, and academic commentary.
Structure breakdown
The essay follows a classic argument structure: it opens by defining the central concept, establishes the legal framework, introduces two high-profile controversies as evidence of the debate, then reframes those controversies using the Framers' original vision before closing with a policy recommendation. Each section builds logically on the last, moving from definition to controversy to resolution.
Introduction
This essay discusses and explains the concept of clemency in its various forms. Central to the discussion is the question of whether the pardoning power of presidents should be eliminated, changed, or reduced. The author is opposed to such changes and sets out the reasons for this position in the analysis below.
Defining Clemency
The concept of clemency itself is something that humanity has sought for centuries. The concept of forgiveness and mercy is foundational to most religions, and this translates into the secular realm as well. A dictionary definition of clemency is: "1) a disposition to show mercy, especially toward an offender or enemy, or 2) a merciful, kind, or lenient act (Clemency, 2011)."
To define and explain clemency and then extend it to the presidency, one should also consider what it means to the U.S. Department of Justice (DOJ), which defines the requirements for an application for clemency to the President of the United States. While individuals who hold the ultimate power of clemency — such as the President — may exercise it as they see fit, the DOJ requires a formal application ("Rules governing petitions," 2011). Clemency is therefore something a person typically seeks formally, rather than something granted spontaneously.
Works Cited
Clemency. (2011). Retrieved from http://www.thefreedictionary.com/clemency.
Love, M. L. (2007). Reinventing the president's pardon power. Federal Sentencing Reporter, 20(1), 5–15.
The pocket constitution. (2010). Retrieved from
Notable pardons: the Clinton presidency. (2004). Retrieved from
U.S. Government, U.S. Department of Justice. (2011). Rules governing petitions for executive clemency: U.S. Part I — executive clemency. Retrieved from U.S. Department of Justice website:
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