The presidential pardon power is one of the broadest and least restricted authorities granted by the U.S. Constitution. It is found in Article II, Section 2, which states that the president “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”
Can Biden’s Pardons Be Overturned?
In almost all cases, the answer is no. The Supreme Court has consistently ruled that the president’s power to pardon is nearly absolute when applied to federal offenses. The only limits are:
- It applies only to federal crimes – The president cannot pardon state crimes, which are under the jurisdiction of governors.
- It cannot be used in cases of impeachment – A president cannot use the pardon power to overturn their own impeachment or that of other officials.
- It does not erase the crime itself – A pardon forgives the penalty but does not necessarily remove all consequences (e.g., it may not restore gun rights or expunge records automatically).
Legal Precedents Supporting the Pardoning Power
The U.S. Supreme Court has ruled multiple times that the pardon power is extremely broad. Some key cases include:
- Ex parte Garland (1866) – The Court ruled that a presidential pardon is “unlimited” and applies to all federal offenses.
- United States v. Klein (1871) – Congress cannot limit the effect of a pardon.
- Burdick v. United States (1915) – A pardon can be refused by the recipient (such as when accepting it would imply guilt).
What About Biden’s Pardons?
President Biden has issued two major sets of pardons so far:
- Marijuana Pardons (2022 & 2023) – He pardoned thousands of individuals convicted of simple possession of marijuana under federal law. These pardons do not apply to state-level convictions.
- Military and Clemency Actions (2024) – He has issued pardons for certain veterans and individuals with non-violent offenses.
These pardons are unlikely to be overturned for several reasons:
- The Supreme Court has repeatedly upheld the president’s pardon power.
- No court has ever successfully invalidated a properly issued presidential pardon.
- Even if a challenge were brought, it would likely be dismissed due to strong constitutional protections.
Are There Any Scenarios Where a Pardon Could Be Challenged?
While rare, some possible arguments against a pardon could include:
- A procedural error (e.g., if a pardon was issued for a state crime, which is beyond presidential power).
- A self-pardon (e.g., if Biden or any president tried to pardon themselves, the courts might review it).
- A bribery-for-pardon scandal (e.g., if a pardon was issued in exchange for a bribe, Congress could investigate, and it might be challenged in court).
Final Verdict: Biden’s Pardons Will Stand
Unless Biden oversteps his authority (such as trying to pardon state crimes), there is no legal basis for overturning his pardons. Courts have historically never struck down a properly issued presidential pardon.
If you’re thinking of a specific legal challenge that might arise, let me know, and I can analyze it further!
