Want to Shrink the Presidency? Start Here.
A more constrained executive branch could begin to take shape with a smaller pardon power—and a bigger House of Representatives.
The United States has experienced periods of reform following intense dysfunction and frustration in public life. However, launching such reform efforts often requires overcoming significant obstacles, including entrenched interests, partisan divisions, and a public perception of powerlessness. To address these challenges, a focus on achievable reforms that reinforce the constitutional framework and draw bipartisan support is crucial.
Two potential reforms stand out as fitting the criteria: a constitutional amendment to subject the president’s pardon power to congressional oversight and increasing the size of the House of Representatives.
The presidential pardon power, while vital for clemency in federal law enforcement, is overly broad and unconstrained by congressional supervision or judicial review. The risk of abuse is well-documented, with numerous examples of corruption spanning antebellum presidents to recent administrations. The Constitutional Convention debated this issue, with George Mason arguing against the president's pardon power and James Madison countering that impeachment could provide a check.
However, impeachment has been rare, and the Senate has never removed an impeached executive official, offering little protection against abuse.
Increasing the size of the House of Representatives is another viable reform. Over time, as the country has grown, the size of the House has not kept pace with population growth, leading to ever larger populations per representative. The Permanent Apportionment Act of 1929 capped the House at 435 members, a size that has remained unchanged for nearly a century. This reform would make members more responsive to their constituents and potentially reinvigorate congressional action.
To avoid limiting essential paths to clemency, any amendment to the pardon power should be accompanied by a revival of some form of parole or an expansion of compassionate release in the federal system. However, curtailing excessive presidential power is equally important. Bridling the presidency is not a standalone solution, but it is crucial to reenergize Congress.
The House, as the most democratic element of the constitutional system, has become disconnected from the people it represents, necessitating reforms to restore its effectiveness and address the issues of power imbalance.
Written by urgent.news from The Atlantic's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
