Political Pardons

PRESIDENTIAL PARDONS AND THE CONSTITUTION On one historical fact, every historian agrees: The Founders of this nation did not want a king. But because most of them did want a powerful executive, they looked to the model of the English monarchy for guidance. They discarded some kingly powers (such as unlimited control of appointments), and chose the ones they thought most suitable--including the unlimited power to pardon. They were confident they had constructed the office …

…more severe by mandatory minimum sentences essentially eliminating judicial discretion. Alexander Hamilton could have been writing about our own time: "Humanity and good policy conspire to dictate that the benign prerogative of pardoning should be as little as possible fettered or embarrassed. The criminal code of every country partakes so much of necessary severity that without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel."