Fix the Pardon

Restore Accountability to the Presidential PardonThe presidential pardon was meant to show mercy, not reward loyalty.Today, it’s too often used to protect allies and silence accountability.We believe it’s time for a simple, constitutional safeguard:No pardon should take effect without the consent of a three-fifths majority in Congress.

The Problem

Article II of the Constitution gives the President the power to grant pardons for federal offenses, a vital act of mercy meant to correct injustice or show compassion.But the Framers assumed that Congress and public opinion would act as checks against abuse. In a polarized era, those checks have weakened.Presidents of both parties have used pardons to protect political allies, obstruct investigations, and reward loyalty, all without consequence.When both the executive and legislative branches are aligned by party, oversight disappears. The result is an unchecked power that undermines equal justice under law.

The Fix

A New Constitutional AmendmentThe pardon power must be preserved, but it must also be accountable.We propose a new Constitutional Amendment requiring bipartisan approval before any presidential pardon takes effect.

  • The President may propose a pardon.

  • It takes effect only if approved by three-fifths of both houses of Congress.

  • Humanitarian or wrongful-conviction reprieves may take effect immediately but expire unless approved within 90 days.

  • Every pardon must be published with stated reasons.

This amendment keeps the power of mercy intact while ending its abuse as a tool of political protection.

How It Works

Changing the Constitution sounds daunting, but Article V gives us two clear and lawful ways to do it.1. Congress can propose an amendment
If two-thirds of both the House and Senate approve the same amendment language, it goes to the states for ratification.2. The states can start the process themselves
If two-thirds of state legislatures (34 of 50) pass resolutions calling for a convention on the same topic, Congress must convene it. That convention drafts the amendment, which then goes back to the states for ratification.In either path, the final step is the same: three-fourths of the states (38) must ratify the amendment for it to become part of the Constitution.Fix the Pardon supports the state-driven approach, encouraging legislatures to introduce resolutions calling for a constitutional amendment on presidential pardon reform.Every state that acts moves the nation closer to restoring accountability to the presidency.

Why This Can Work

Many people assume that changing the Constitution is impossible. In truth, the process was designed to be difficult but not impossible.Unlike federal legislation, the Article V amendment process doesn’t have to happen all at once or under one political majority.Each state can act independently and asynchronously, passing a resolution in its own time and under its own leadership.That means:

  • States can introduce and pass resolutions gradually, over years, even decades, as the idea gains bipartisan traction.

  • It doesn’t depend on any one Congress or administration.

  • When different parties hold power in different states, each resolution still counts toward the total needed for an amendment convention.

  • These resolutions are simple legislative measures, typically a few pages long and far less complex than ordinary bills. They can often pass with straightforward committee review and floor votes.

Momentum can build quietly and steadily one state at a time until the three-fifths safeguard becomes an idea both parties support as common sense.Constitutional reform doesn’t require a single moment of national unity.It only requires enough states, over time, to agree that the rule of law must outlast any one president.

Take Action

Be Part of Restoring BalanceReal change begins with citizens who care about fairness, integrity, and the rule of law.Here’s how you can help:1. Contact Your State Legislators
Ask your state representatives to sponsor a resolution calling for this reform.2. Sign the Petition
Show your support for a constitutional amendment requiring congressional approval of pardons.3. Stay Informed
Join our mailing list for updates, educational materials, and state-by-state progress.

About

About Fix the PardonFix the Pardon is a nonpartisan civic initiative dedicated to restoring accountability and balance to the Constitution.We believe in preserving the original spirit of the presidential pardon, compassion and mercy, while ensuring that no one, including the President, is above the law.Our proposal for a three-fifths supermajority amendment offers a simple, enduring solution: a check that protects both justice and mercy.

© 2025 Fix the Pardon · A Nonpartisan Civic Reform Initiative
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