HJRES 135
Proposing an amendment to the Constitution of the United States to limit the pardon power of the President.
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Bill overview
This joint resolution proposes an amendment to the U.S. Constitution that would establish a process for Congress to review and potentially nullify presidential pardons. Specifically, the President would be required to notify Congress within three days of granting a pardon or reprieve, and Congress would have 60 days to introduce a bill to nullify it. If Congress passes such a bill with a two-thirds vote, the pardon would be void; otherwise, it would take effect 90 days after notification. Additionally, the amendment would require a minimum number of representatives or senators to initiate a nullification bill and prevent a president from pardoning offenses already nullified by Congress.
Key provisions
- The President must notify Congress within 3 days of a pardon or reprieve.
- Congress has 60 days to introduce a bill to nullify a pardon.
- A pardon or reprieve requires a two-thirds vote in both the House and Senate to be nullified.
- The pardon takes effect 90 days after notification if Congress does not act.
- A minimum of 20 Representatives or 5 Senators are needed to introduce a nullification bill.
- The President cannot pardon offenses that have already been nullified by Congress.
- Congress has the authority to enact legislation to enforce the amendment's provisions.
Who is affected
- The President
- Congress
- The Executive Branch
- Individuals seeking pardons
- The Judiciary
Notable changes
- Establishes a congressional review mechanism for presidential pardons.
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119th CONGRESS — 1st Session
H. J. RES. 135
IN THE HOUSE OF REPRESENTATIVES
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States to limit the pardon power of the President.
That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States: