In a move that has sent shockwaves through the American political landscape, outgoing President Joe Biden has pardoned his son Hunter Biden for tax evasion and lying about drug use when purchasing a firearm. The decision, coming just months after Biden had vowed not to issue such a pardon, has ignited a firestorm of controversy and raised troubling questions about the state of justice in the United States.
While it’s understandable that any father would want to protect his child, the fact remains that the presidential pardon power was never intended to be used as a tool for shielding family members or political allies from the consequences of their actions. By granting clemency to his own son, Biden has not only opened himself up to accusations of hypocrisy and favoritism but has also set a dangerous precedent that threatens to erode public trust in the fairness and impartiality of the American legal system.
A History of Controversial Pardons
Sadly, Biden’s actions are just the latest example in a long line of questionable presidential pardons. From Gerald Ford’s decision to absolve Richard Nixon for his role in the Watergate scandal to Bill Clinton’s pardon of his half-brother and Democratic donors, the executive clemency power has often been wielded more as a political tool than an instrument of justice.
Now, with Donald Trump poised to return to the White House, many fear that he will use his pardon power to protect allies involved in the January 6th Capitol riot and even attempt to shield himself from pending prosecutions. While a president cannot pardon state-level crimes, such a move would still represent an unprecedented abuse of executive authority and deal a crippling blow to the rule of law in America.
The Importance of Checks and Balances
At its core, the American system of government is built upon the principle of checks and balances, with each branch serving as a counterweight to the others. The presidential pardon power, enshrined in Article II, Section 2 of the Constitution, was originally intended to allow the executive to grant mercy in cases of injustice or to help heal national wounds in times of crisis.
However, as recent events have made all too clear, this power can easily be abused when placed in the wrong hands. By using pardons to benefit family members, friends, and political allies, presidents undermine the very notion of equal justice under the law and erode public faith in the integrity of the legal system.
The US Constitution is a thing of wonder. It has held the union together – sometimes only just – for two and a half centuries, while global nations and empires have been upheaved and disintegrated.
According to a constitutional scholar
A Call for Constitutional Reform
If America is to maintain its status as a beacon of democracy and a nation of laws, it’s clear that reforms to the presidential pardon power are sorely needed. While the Constitution is designed to be difficult to amend, history has shown that it’s not impossible when the need is great enough.
Some possible changes that have been proposed include:
- Prohibiting presidents from pardoning themselves or their family members
- Requiring congressional approval for pardons of close associates or campaign staff
- Mandating transparency and public justification for all pardons granted
- Allowing pardons to be challenged or overturned in cases of clear abuse
While none of these reforms would be a perfect solution, they would go a long way towards restoring public trust in the pardon process and ensuring that it is used as intended – as a tool for justice, not political favoritism.
The Path Forward
Ultimately, the controversy surrounding the Biden and potential Trump pardons serves as a stark reminder of the dangers of unchecked executive power and the urgent need for reforms to our constitutional system. In an era of deep political polarization and declining faith in public institutions, it’s more important than ever that we work to strengthen the separation of powers and ensure that no one, not even the president, is above the law.
Only by holding our leaders accountable and demanding the highest standards of integrity and impartiality can we hope to restore trust in our justice system and preserve the ideals upon which our nation was founded. The path forward will not be easy, but it is essential if we are to remain a government of laws, not of men.
As we look to the future, let us recommit ourselves to the enduring principles of justice, equality, and the rule of law, and work tirelessly to build a more perfect union for all Americans. For in the end, it is not the actions of any one president that will define us, but rather our shared commitment to the values that have made our nation a shining example to the world.
