Quick Tip: Presidential Pardon Power & The Nixon Pardon, 50 Years Later

As we reflect on this 50th anniversary of Nixon’s pardon, it’s clear that the presidential pardon power is one of the most far-reaching tools in the executive branch’s arsenal—capable of shaping history in profound ways.

On this day, 50 years ago, President Gerald Ford made a bold and controversial move by pardoning former President Richard Nixon for any potential crimes he committed during the Watergate scandal. This decision, made on September 8, 1974, relied on the presidential authority granted by the U.S. Constitution, specifically in Article II, Section 2, which gives the President the power to issue pardons for federal offenses, with the exception of impeachment cases.

This presidential pardon power can be exercised at any point—whether before, during, or after a legal proceeding. It also applies to criminal contempt cases but not civil contempt, as the latter involves private rights. Importantly, while Congress cannot limit this authority, the conditions placed on a pardon must be lawful and in line with the Constitution, as clarified in the Supreme Court's decision in Schick v. Reed, 419 US 256 (1974).

As we reflect on the 50th anniversary of Nixon’s pardon, it serves as a reminder of the vast and impactful nature of the presidential pardon, a tool that can influence the course of American history.