Presidential Pardon Power

02/05/25 • 21 min

In this episode of Consider the Constitution, we explore the presidential pardon power with Professor Kim Whele from the University of Baltimore Law School. The discussion covers the historical origins of pardons from British common law, its incorporation into the U.S. Constitution, and how this power has evolved through American history through the recent pardons by both President Biden and President Trump in 2024-2025.

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Transfer of Power: Lessons from 1800

Bitter rivals, fake news, and fears of biblical proportions—welcome to the U.S. presidential election of 1800. Consider the Constitution Host Katie Crawford-Lackey and historian John Ragosta unpack America's first transfer of power between opposing parties, revealing surprising parallels to our current political moment.

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Executive Authority: Constitutional Leadership in the Modern Presidency

What defines constitutional leadership in today's complex political landscape? Dr. Barbara Perry, co-director of the presidential oral history program at the Miller Center, examines how modern presidents navigate their constitutional authority while facing unprecedented challenges. Drawing from her extensive work conducting presidential oral histories, Perry illuminates the delicate balance between executive power and constitutional constraints, from the critical process of peaceful power transitions to the expansion of civil rights. Through compelling stories of presidents from both parties, she reveals how different leaders have interpreted their constitutional role, managed times of crisis, and shaped the office of the presidency. The conversation explores how the founders' vision for executive authority, first shaped by James Madison, continues to evolve as each president grapples with their constitutional obligations to preserve, protect, and defend American democracy.