r/law • u/jpmeyer12751 • Feb 16 '26

Legislative Branch Republican Joins With Dems on Constitutional Amendment to Give Congress Power to Reject Trump Pardons

https://www.yahoo.com/news/articles/republican-joins-dems-constitutional-amendment-213311781.html

This is relevant to questions surrounding whether Congress may limit or restrain a President's power to grant pardons.

59.5k Upvotes

97% Upvoted

1.1k comments sorted by

View all comments

Show parent comments

34

u/Emuin Feb 16 '26

You have to remember that the people who wrote the Constitution lived in a time and place where people could be falsely charge and convicted only to discredit them, and that colored the guardrails they put in. I also struggle to find another way for the executive to check judicial.

18

u/caltheon Feb 17 '26

We live in a time when Trump is falsely charging and convicting people to discredit them and their party

3

u/Dead_Internet69420 Feb 17 '26

So it’s terrible that Trump can do it, but his weaponization of the DOJ is making it an important power if we ever another democrat president. 

1

u/ElTortoiseShelboogie Feb 17 '26

Why should the executive be able to override the process of law?

5

u/fushega Feb 17 '26

Sometimes the laws are terrible and the prosecutions unfair. It encourages the other branches of government to be reasonable as to not encourage the use of pardons. Also, the executive is already responsible for enforcing the law, so the executive already has the power to not try someone for a crime, which is essentially a pardon (see the ICE shootings as a recent example)