A proposed constitutional amendment aimed at limiting the president’s pardon power picked up its first Republican supporter in the House on Monday, marking a rare moment of bipartisan pushback tied to President Trump’s use of executive clemency.
The measure, introduced by Rep. Johnny Olszewski (D-Md.), would give Congress the authority to nullify a presidential pardon through a structured review process. Rep. Don Bacon (R-Neb.) signed on as the first GOP co-sponsor, underscoring growing concern among some lawmakers over how the power has been exercised in recent years.
The proposal comes amid renewed scrutiny of Trump’s pardons during his second term. Shortly after returning to office, the president issued clemency to thousands of defendants connected to the Jan. 6 Capitol riot, including individuals convicted of assaulting law enforcement officers. Since then, he has extended pardons or clemency to a range of high-profile figures from both parties, including Rep. Henry Cuellar (D-Texas), former Rep. George Santos (R-N.Y.), Ozy Media CEO Carlos Watson, Silk Road founder Ross Ulbricht, former Illinois Gov. Rod Blagojevich and cryptocurrency executive Changpeng “CZ” Zhao. Most recently, Trump granted pardons to five former NFL players convicted of financial and drug-related offenses.
Under the proposed “Pardon Integrity Act,” 20 House members and five senators could force a congressional vote to overturn a presidential pardon. Nullification would require a two-thirds majority in both chambers — a high threshold designed to preserve the constitutional balance of powers while adding oversight.
“This amendment creates a narrow, commonsense check to ensure the pardon power is used fairly and responsibly — regardless of who occupies the White House,” Olszewski said in a statement announcing the bipartisan support.
Bacon echoed that sentiment, emphasizing that while the pardon authority is constitutionally granted, it should not be immune from scrutiny. “Presidential pardons are an important constitutional authority, but like all powers held by the executive branch, these authorities benefit from the appropriate checks and balances the Constitution envisioned,” he said. The retiring Republican added that across multiple administrations, concerns have been raised about the use of clemency, arguing that Congress’ ability to provide oversight has eroded.
Controversial pardons have long spanned party lines. President Bill Clinton faced backlash over his pardon of financier Marc Rich. President George W. Bush commuted the sentence of Scooter Libby. During Trump’s first term, he issued pardons to several political allies, including Michael Flynn, Roger Stone and Paul Manafort. At the close of his presidency, Joe Biden pardoned his son Hunter Biden following felony gun and tax convictions.
Despite the bipartisan support, the amendment faces steep odds. Constitutional amendments require two-thirds approval in both the House and Senate and ratification by 38 states — a political hurdle that makes the proposal a significant long shot, even as debate intensifies over the scope of presidential power.