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H.J.Res. 115 (115th): Proposing an amendment to the Constitution of the United States to clarify the presidential pardoning power.


The text of the resolution below is as of Jul 27, 2017 (Introduced). The resolution was not adopted.

Summary of this resolution

The _Washington Post _bombshell report that President Donald Trump is considering pardoning his closest family, advisors, and potentially even himself caused a firestorm on Capitol Hill in mid-July.

Two new pieces of legislation would prevent Trump from pardoning himself and issuing secret pardons, both actions which are (under most prevailing legal interpretations) currently allowed under federal law.

Context

Although a president has the legal power to absolve any individual of a crime, no president has ever attempted using the power on themselves. The constitutionality of such a move is questionable and would likely be determined by the Supreme Court.

Yet Trump is reportedly considering doing so in advance …


IA

115th CONGRESS

1st Session

H. J. RES. 115

IN THE HOUSE OF REPRESENTATIVES

July 27, 2017

(for himself, Mr. Sherman, and Mr. Moulton) submitted the following joint resolution; which was referred to the Committee on the Judiciary

JOINT RESOLUTION

Proposing an amendment to the Constitution of the United States to clarify the presidential pardoning power.

That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States after the date of its submission for ratification:

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The President shall have no power to grant to himself a reprieve or pardon for an offense against the United States.

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