February 1977 · National edition

The Nation

A Clearer Reading of Pardon Power

A The Nation desk reading of pardon power, filed 1977-02.

From the file. Written for the paper dated February 1977. Opened in the public stacks July 14, 2026.

The power to grant pardons has sparked debate in American political life, bringing to light the intricate dance between justice and self-preservation within our institutions.

A Capitol Police Officer stands in front of a pile of snow outside Capitol, taken February 21, 1979.
A Capitol Police Officer stands in front of a pile of snow outside Capitol, taken February 21, 1979. Photo: USCapitol via Wikimedia Commons

A Clearer Reading of Pardon Power

The recent discussions surrounding President Ford's controversial pardon of Richard Nixon have reignited the conversation about the nature and implications of presidential pardon power. As we reflect on this pivotal moment, it is essential to examine not only the immediate consequences but also the broader implications for our political institutions and their inherent desire for self-preservation.

The Constitution grants the President the authority to issue pardons, a power that has been exercised sporadically throughout American history. However, the circumstances under which this power is wielded can reveal much about the underlying motivations of our institutions. In the case of Nixon's pardon, we witnessed a remarkable intersection of power dynamics and the imperative for institutional protection.

Washington, D. C., August 1975.
Washington, D. C., August 1975. Photo: Per source. Please credit "Family photos of via Wikimedia Commons (CC BY-SA 4.0)
"Pardon power is a reflection of the fragile balance between justice and the desire to protect the institution itself."

On one hand, the left has taken a staunch stance against the pardon, arguing that it undermines the very foundation of accountability and justice. Critics assert that such an action conveys a message that political elites are above the law, effectively eroding public trust in the institutions meant to uphold justice. The sentiment resonates powerfully among those who believe that a pardon should not be wielded as a tool for political expediency but should instead serve the purpose of mercy and rehabilitation.

Conversely, the right defends the pardon as a necessary step toward national healing and the restoration of faith in the American political system. Supporters argue that Ford’s decision was a courageous act, intended to bridge the divides that Nixon’s presidency left in its wake. However, this perspective often obscures the fundamental question of accountability. Should the very institutions that govern our lives allow themselves to be shielded from scrutiny and consequence?

As the left and right grapple with this complex issue, it is vital to recognize the potential for both extremes to miss the mark. The left's pursuit of accountability can veer into a dogged insistence on punishment that neglects the nuances of justice. Meanwhile, the right's call for forgiveness can, at times, dangerously flirt with a disregard for legal norms and the rule of law. Both sides must acknowledge that our institutions can, and should, protect themselves while also being held accountable to the public they serve.

The debate surrounding the pardon power also highlights the inherent tension between the executive branch and the judiciary. The President's ability to absolve individuals of their crimes can be seen as a challenge to the authority of the courts. This tension raises critical questions about the separation of powers and the potential for abuse of authority. When the executive branch intervenes in judicial matters, it not only affects individual cases but also sets a precedent for future actions. The implications of this are profound, as it can lead to a culture of impunity among those in power.

Furthermore, the power to grant pardons can create a slippery slope. As we have seen in the past, politicians can be tempted to use this authority to reward allies or silence dissent. This reality is particularly concerning in a time when political polarization is intensifying, and the motivations behind a pardon can become increasingly suspect. When the lines between justice and political favor become blurred, the integrity of our institutions hangs in the balance.

It is essential for both the left and the right to engage in a more nuanced conversation about the role of pardon power within our democracy. Both sides must strive to find a balance that acknowledges the need for accountability while also recognizing the potential for mercy and redemption. It is crucial to foster an environment where institutions can protect themselves without undermining the principles of justice that underpin our society.


In conclusion, the discussions surrounding presidential pardon power serve as a microcosm of the larger struggles within American democracy. The left and right must recognize their shared responsibility to ensure that our institutions remain accountable while also fostering a spirit of compassion and understanding. Only through this balanced approach can we hope to navigate the complexities of justice and power in a way that truly benefits our society as a whole.

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