When Norm Violations Become the Norm: Recent Presidents and the Future of Federal Executive Clemency

Abstract

The main goal of this article is to examine how vanishing norms have freed presidents of both major political parties to abuse their clemency power to pursue their own personal interests rather than the traditional purposes of mercy or serving the public interest. In the piece, I look more closely at the pardon power in practice, considering vanishing norms related to both mass pardons and individual pardons over the last half century. I explain how certain clemency decisions helped clear room for controversial clemency decisions by our most recent three presidents, and how their actions will likely continue to undermine norms and make clemency even more of a political tool in the future.