Alexander Hamilton defended the unilateral presidential pardoning power as a practical necessity for a young republic. He argued that it enabled the chief executive to act with the speed and secrecy required to offer timely mercy and restore tranquility “during seasons of insurrection or rebellion.” He also argued that the power was needed to soften punishments when the law “would wear a countenance too sanguinary and cruel.”

Recent presidents, however, have strayed from the restrained idea that pardons would only be used to ameliorate extraordinary conditions. Today, pardons are often wielded to protect political allies and trade favors. The abuse is bipartisan and has produced a moral malaise that stifles accountability. To counter and fix this, Congress must review and reform the pardon power to restore the Founders’ original vision.