First, the pardon power is limited to "offenses against the United States," preventing the President from intruding upon state criminal or civil proceedings. Based upon this broad grant of authority under the Constitution, the courts have traditionally held that the President's pardoning power may not be circumscribed by Congress. However, Members of Congress have introduced resolutions expressing the sense of Congress that the President either should or should not grant pardons to certain individuals or groups of individuals. Members of Congress have also proposed constitutional amendments that would restrict the President's pardon power. This restricted view of the effect of a pardon was further reinforced in two cases stemming from the pardons of officials involved in the Iran-Contra affair.
The Constitution of the United States of America imbues the President with broad authority to grant pardons and reprieves for offenses against the United States. This report provides an overview of the scope of the President's pardoning power, the legal effects of a pardon, and the procedures that have traditionally been adhered to in the consideration of requests for pardons.
Members of Congress have introduced resolutions expressing the sense of Congress that the President either should or should not grant pardons to certain individuals or groups of individuals, such as H.Res. 9 in the 111th Congress and H.Con.Res. 24, H.Con.Res. 37, and H.Con.Res. 214 from the 110th Congress. Additionally, Members of Congress have also proposed constitutional amendments that would restrict the President's pardon power, such as H.J.Res. 48 from the 110th Congress.