Proposed Constitutional Amendment Gives Congress 90 Days to Veto Presidential Pardons

This Joint Resolution proposes a constitutional amendment that fundamentally changes the President’s power to grant pardons and reprieves. Right now, that power is mostly absolute, but this amendment introduces a mandatory congressional review process. Essentially, it means the President can’t just drop a pardon and walk away; Congress gets a say.

The New Rules for Clemency

If passed, this amendment puts a hard deadline on the White House. When the President grants a pardon or reprieve, they must notify the Speaker of the House and the Senate Pro Tempore within just three days. If they miss that three-day window, the pardon is automatically void—it has no legal effect whatsoever. That’s a massive procedural constraint on a power that has historically been used unilaterally and sometimes at the very last minute of a term.

Once Congress gets the heads-up, a tight timeline kicks in. Congress has 30 days to introduce a bill to nullify the pardon. Crucially, any nullification bill signed by at least 20 Representatives or 5 Senators is guaranteed a vote. This ensures that even a relatively small group of lawmakers can force a debate on a controversial pardon. After introduction, Congress has another 60 days to pass that nullification bill, but here’s the kicker: it requires a two-thirds vote in both the House and the Senate. If they manage that supermajority vote, the pardon is dead. If they don't act within those 90 days, the pardon finally takes effect.

Why the Timeline Matters to Everyone

For the President, this means any controversial pardon is going to be dragged into a highly public, high-stakes political fight for up to three months. The idea of a “midnight pardon” granted without public scrutiny is essentially gone. For those receiving a pardon, it means a long, uncertain wait—even if the President signs the paperwork, the person isn't actually cleared until Congress’s review period expires 90 days later, assuming no nullification bill passes.

The amendment also creates a permanent block on re-granting. If Congress successfully nullifies a pardon for a specific offense, the President is explicitly prohibited from ever granting another pardon or reprieve for that same offense again. This prevents the President from simply waiting out Congress and trying again later. This is a significant check on executive authority, shifting a core executive function into a complex, high-bar legislative process.

The Trade-Off: Accountability Versus Gridlock

On one hand, this amendment increases accountability and transparency, which is a clear benefit to the public. It ensures that the President cannot use the pardon power to shield allies or engage in self-dealing without a difficult-but-possible challenge from the legislative branch. On the other hand, the two-thirds requirement for nullification is extremely high, meaning that only the most universally opposed pardons would likely be overturned. It also introduces significant friction into the system, potentially turning every pardon—even routine or justified ones—into a political football, forcing Congress to spend time debating clemency instead of infrastructure or budgets. The bill is clear: Congress now has the power to pass laws necessary to enforce this new system, cementing its oversight role over a previously unchecked presidential power.