Overview
Title
Proposing an amendment to the Constitution of the United States limiting the pardon power of the President.
ELI5 AI
This bill wants to make a new rule that the President can't forgive certain people for breaking the law, like their family, friends, or people they work with, and if they try to forgive someone just to help themselves, it won't count.
Summary AI
H. J. RES. 13 proposes an amendment to the U.S. Constitution to limit the President's power to grant pardons. The bill specifies that the President cannot pardon themselves, their close relatives, current or former administration members, paid campaign workers, or anyone involved in an offense due to personal interest or directed by the President. It also declares that pardons given for corrupt purposes are invalid. Additionally, Congress is granted the power to enforce this amendment through legislation.
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AnalysisAI
General Summary of the Bill
The proposed legislation, labeled as H. J. RES. 13, aims to amend the U.S. Constitution to restrict the presidential power of granting pardons. Introduced by Representative Mr. Cohen and others, its primary goal is to prevent potential abuses of the pardon power by prohibiting pardons for certain individuals and situations directly linked to the President. These include the President themselves, family members, current or former administration officials, campaign employees, and offenses connected to the President's personal interests. Additionally, the proposed amendment seeks to invalidate any pardon issued for corrupt reasons.
Summary of Significant Issues
Several noteworthy issues arise from the bill's language and objectives. Firstly, the term "any person, up to a third degree relation" could be unclear regarding which family members are included. Legal interpretations might vary, potentially leading to disputes over who precisely falls under this category.
The phrase "a corrupt purpose" is another point of concern due to its vagueness. Without a clear definition, what constitutes "corrupt" can become a significant legal debate, impacting the enforceability of this measure.
The term "entity" is not specifically defined in the context of this amendment, leading to potential confusion about its application—whether it refers to corporations, nonprofits, or other organizations.
Additionally, the broad authority granted to Congress to enforce this amendment could raise concerns about legislative overreach, as there are no specified limitations or oversight measures.
Impact on the Public and Stakeholders
Broad Public Impact: The measure is designed to safeguard the integrity of the presidential pardon power, preventing its misuse for self-serving purposes. Public trust in the presidency might be bolstered if these changes inhibit perceived self-dealing.
Positive Impact: By aiming to eliminate potential conflicts of interest, the amendment may promote fairness and equality before the law. Lawmakers and the general public could see the amendment as a step towards higher ethical standards for elected officials.
Negative Impact: However, the ambiguity in the language could lead to legal challenges and prolonged disputes in courts, potentially bogging down judicial proceedings and causing uncertainty about the pardon power's scope.
Specific stakeholders, such as civil rights groups, might see value in strengthening checks on presidential power, while others who prioritize executive authority may view the amendment as unnecessarily restrictive.
Ultimately, the complexities in interpreting certain terms within the bill could either reinforce the amendment's intended protections or lead to contentious debates on implementation and enforcement. Lawmakers and citizens alike will need to engage in thorough discussions to address these ambiguities and ensure that the bill effectively achieves its intended outcomes.
Issues
The phrase 'any person, up to a third degree relation, of the President, or a spouse thereof' in Section 1 could be confusing to the public due to its technical nature regarding family relations, potentially leading to disputes over who exactly is covered under this prohibition.
The expression 'a corrupt purpose' in Section 1 is vague and lacks a clear legal definition, which might lead to disputes over its interpretation and enforcement, potentially challenging the amendment's aim to prevent misuse of the pardon power.
The ambiguity of the term 'entity' in Section 1 may cause confusion among the general public and legal professionals as to whether it includes corporations, nonprofit organizations, or other types of organizations, impacting the scope of the amendment's application.
The broad language in Section 2 grants Congress significant power to enforce the amendment without defining limitations or oversight measures, which might raise concerns about potential overreach or lack of accountability in the enforcement process.
The section does not specify any oversight or accountability measures for the enforcement of this power by Congress, which could be a significant concern for those worried about unchecked legislative power.
The clause 'any current or former member of the President's administration' in Section 1 is ambiguous and might create uncertainty as it does not specify whether it includes lower-level staff or just senior officials.
The phrase 'motivated by a direct and significant personal or pecuniary interest' in Section 1 might be open to subjective interpretation, potentially complicating legal enforcement and the scope of pardons prevented by the amendment.
The phrase 'in coordination with' in clause (6) of Section 1 may require further definition as this language could lead to legal uncertainty and challenges during enforcement.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
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Summary AI
The proposed amendment to the U.S. Constitution prevents the President from granting pardons to themselves, their close relatives, members of their administration, campaign employees, or those involved in offenses tied to the President's personal interests. It also states that any pardon issued for corrupt reasons will be invalid, and Congress is given the power to enforce this rule with appropriate laws.
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Summary AI
The section prohibits the President from granting pardons or reprieves to themselves, close relatives, current or former administration members, employees of their presidential campaign, or anyone involved in offenses benefiting these individuals or committed at the President's direction. Any pardon issued for a corrupt purpose is deemed invalid.
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Summary AI
Congress is granted the authority to implement and enforce this constitutional amendment through appropriate laws.