The president’s power to pardon federal crimes is immense, with roots in ancient notions of mercy and amnesty. However, this power, seemingly boundless under the Constitution, lacks clear constraints, inviting concerns about abuse. Recent discussions in the U.S. Supreme Court have raised alarms about the potential for presidential abuse of pardons, highlighting the need for accountability within the pardon system to uphold the foundational premise that no one is above the law.
 
In Pardon Power: How the Pardon System Works—and Why, Kim Wehle explores the historical context and contemporary challenges surrounding the presidential pardon. Wehle contends that any pardon undermining the principle of accountability before the law, including self-pardons, cannot be constitutionally justified. Urgent recognition of the necessity for guardrails around the pardon power is essential to safeguard American democracy.
 
Kimberly Wehle (pronounced “Whale-ee”) is an expert in constitutional law and the separation of powers, with particular emphasis on presidential power and administrative agencies. She is a tenured law professor at the University of Baltimore School of Law, where she teaches Constitutional Law, Civil Procedure, Administrative law, and Federal Courts. She is also a legal contributor for ABC News and regularly writes for Politico, The Atlantic, and The Bulwark. Winner of the University of Maryland System Board of Regents Award for excellence in scholarship, she also writes and comments on the Supreme Court, election law and voting rights. She was an Assistant United States Attorney in the Washington D.C. office and Associate Independent Counsel in the Whitewater Investigation. She is author of the books, What You Need to Know about Voting—and Why, How to Read The Constitution—and Why, and How to Think Like a Lawyer—and Why: A Common-Sense Guide to Everyday Dilemmas. Her forthcoming book, How the Pardon Power Works—and Why, is due out in June of 2024.