Proposing an amendment to the Constitution of the United States to limit the pardon power of the President.
- Sponsor
- Rep. Olszewski, Johnny [D-MD-2]
- Committees
- Judiciary Committee (primary)
- Last action
- Dec 18, 2025
Bottom line
This resolution proposes a constitutional amendment to establish a congressional check on the President's pardon power, allowing Congress to nullify pardons with a two-thirds vote.
What it actually does
This joint resolution proposes a constitutional amendment to limit the President's pardon power. It would require the President to notify Congress of any reprieve or pardon within three days. Congress would then have 30 days to introduce a bill to nullify the pardon, which could be passed by a two-thirds vote in both Houses within 60 days. If Congress does not nullify, the pardon becomes effective 90 days after presidential notification. The amendment also prohibits the President from re-pardoning an offense previously nullified by Congress.
Proponents argue
Proponents argue that this amendment would strengthen the system of checks and balances by providing a legislative oversight mechanism for the President's pardon power, preventing potential abuses of power and ensuring greater accountability. They contend it would safeguard the rule of law and public trust by allowing Congress to intervene in cases where a pardon is deemed to undermine justice or serve personal interests.
Opponents contend
Opponents might argue that this amendment would fundamentally alter the balance of power, infringing upon the President's long-standing executive prerogative to grant pardons, which is intended to provide a final check on the judicial system and offer mercy. They may contend that it could politicize the pardon process, leading to legislative gridlock or partisan interference in matters of justice, and that the existing impeachment process is sufficient for addressing abuses of power.
The bill text is very short and straightforward, making it highly accessible for any reader to understand its core provisions.
Section 1
Congressional Review and Nullification of Pardons
This section mandates that the President must inform the President pro tempore of the Senate and the Speaker of the House of Representatives within three days of granting any reprieve or pardon. Following this notification, Congress gains the authority to introduce a bill to nullify that reprieve or pardon within 30 days. If such a bill is introduced, Congress can pass it with a two-thirds vote in both the House and Senate within 60 days. If Congress does not pass a nullification bill, the reprieve or pardon becomes effective 90 days after the President's initial notification.
Supporters argue
Supporters argue this provision introduces a crucial check on presidential power, preventing potential abuses of the pardon authority and ensuring that such significant decisions are subject to broader democratic review. They believe it enhances governmental accountability.
Critics contend
Critics might contend that this provision undermines the President's constitutional authority to grant pardons, which is intended to be an independent executive power. They could argue it politicizes a process meant for justice and mercy, potentially delaying or denying legitimate pardons due to partisan considerations.
Tradeoffs
The provision balances executive independence in granting pardons against the desire for legislative oversight and accountability. It introduces a mechanism for checks and balances but risks politicizing a power traditionally reserved for the executive.
Section 2
Mandatory Vote on Nullification Bills
This section stipulates that any bill introduced to nullify a reprieve or pardon must be voted on if it is signed by at least 20 Representatives or 5 Senators. This ensures that a significant minority in either chamber can force a vote on a nullification measure, preventing such bills from being blocked by leadership or committee chairs.
Section 3
Invalidation for Failure to Notify
This section establishes a direct consequence for the President's failure to comply with the notification requirement. If the President does not transmit notification of a reprieve or pardon to the President pro tempore of the Senate and the Speaker of the House of Representatives within the mandated three-day period, the reprieve or pardon automatically loses all force and effect. This provision acts as a strong enforcement mechanism for the transparency requirement.
Section 4
Prohibition on Re-Pardoning Nullified Offenses
This section explicitly states that the President is prohibited from granting a reprieve or pardon for an offense against the United States that Congress has previously nullified. This prevents a President from attempting to reinstate a pardon that Congress has already rejected, ensuring the finality and authority of congressional nullification.
Section 5
Congressional Enforcement Power
This section grants Congress the power to enforce the provisions of this new article through appropriate legislation. This is a standard clause in constitutional amendments, ensuring that Congress has the necessary authority to enact laws that clarify, implement, and uphold the new constitutional limitations and procedures regarding presidential pardons.