Congressional power over the pardon process

[Glenn Reynolds]

The Necessary and Proper clause gives Congress the power to
make laws that are necessary and proper "for carrying into
execution...  all other powers vested by this Constitution in the
Government of the United States, or in any Department or Officer
thereof."  This suggests to me that Congress might, by appropriate
legislation, place limits on the process for pardoning individuals.
For example, it might require 30 days public notice, or an FBI
background check, or some such.  I do not believe that Congress
could control whether a particular person or class of persons could
receive a pardon, though.


Prof. Glenn Harlan Reynolds
College of Law, University of Tennessee
1505 W. Cumberland Ave., Knoxville, TN  37996-1810

Attempt no more good than the people can bear.  --Thomas Jefferson