Presidential Pardon: The Short Clause with a Long, Troubled History
Presidential Pardon: The Short Clause with a Long, Troubled History
Presidential Pardon: The Short Clause with a Long, Troubled History
Description
Description
Astonishing, unconstrained, and often unsettling--the presidential pardon is one of the most powerful tools in American government, and this indispensable book is your guide to how it defines the presidency, justice, and politics.
The Constitution's Pardon Clause grants the president a power unmatched in scope and consequence. In The Presidential Pardon, legal scholar Saikrishna Prakash explores how this brief clause has grown into the most expansive and controversial tool of the modern presidency. Originally intended as a mechanism of mercy--to temper harsh laws and foster reconciliation--the pardon was once used with solemnity and circumspection. Today, it has evolved into a blunt and potent political instrument. Presidents use it to shield allies, reward supporters, fulfill campaign promises, and make political statements. In January 2025, for instance, the outgoing and incoming presidents issued major pardons--one to protect relatives and allies, the other to deliver on a pledge to his electoral coalition. These actions mark a turning point: the pardon power is no longer a curious exception to politics but increasingly a feature of it. Pardons have become a continuation of politics by other means. Prakash, a preeminent expert on constitutional law and the executive branch of government, delivers an engaging and accessible analysis of this transformation. The Presidential Pardon brings together little-known history, sharp political insight, and learned constitutional interpretation in a timely examination of executive power. As the partisan exercise of pardon grows more routine, Prakash asks: Can our rule of law survive a presidential power that is checked by no one?
Critical Reviews
Critical Reviews
Arrives at a fraught time for the Constitution in general and the pardon clause in particular. Those who find the issue perplexing would do well to start their research here.--Garrett Epps "Washington Monthly" (1/14/2026 12:00:00 AM)
The best book ever written on the pardon power. Prakash offers a fascinating, energetic account of the history of pardons and pardoning, from the founding period on--and a vivid warning about what is happening now.--Cass Sunstein, author of Campus Free Speech
Superb...explores the evolution of the pardon power and offers suggestions on how to rationalize it.--Michael M. Rosen "Washington Examiner" (1/28/2026 12:00:00 AM)
In the use of careful historical research to illuminate complex constitutional issues, Sai Prakash has few peers. His latest book traces the evolution of the presidential pardon power and concludes that we have entered an unprecedented "pardon dystopia" in which politics, lobbyists, family connections, and policy disagreements dominate pardon decisions. After considering the evidence Prakash musters, I suspect that few will disagree.--William A. Galston, Senior Fellow, The Brookings Institution
This is the best book written on the pardon power and an invaluable diagnosis of what is at stake in the contemporary presidency. Prakash authoritatively and accessibly explains the origins and historical operation of the power, how it has spun out of control in recent decades, and what might be done to rein it in.--Jack Goldsmith, author of The Terror Presidency: Law and Judgment Inside the Bush Administration
Publishing Information
Publishing Information
Publisher:
Harvard University Press
Pub date:
2026-01-20
Length:
208 pages
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