Alexander Hamilton, in Federalist 74, advocates for a strong presidential pardoning power, emphasizing its importance for mercy and quelling insurrections. This prerogative, rooted in Anglo-Saxon common law, allows presidents significant freedom in exercising mercy, with very few constitutional checks: pardons can't be awarded in cases of impeachment, are subject to Supreme Court review, and can be denied. The history of pardons has often ignited controversy—as seen in the wake of Nixon’s actions—highlighting the balance between executive power and accountability.
"Humanity and good policy conspire to dictate, that the benign prerogative of pardoning should be as little as possible fettered or embarrassed."
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