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	President Joe Biden hugs his family during the 59th Presidential Inauguration ceremony in Washington, Jan. 20, 2021. President Joe Biden and Vice President Kamala Harris took the oath of office on the West Front of the U.S. Capitol. (DOD Photo by Navy Petty Officer 1st Class Carlos M. Vazquez II)

President Joe Biden hugs his family during the 59th Presidential Inauguration ceremony in Washington, Jan. 20, 2021. President Joe Biden and Vice President Kamala Harris took the oath of office on the West Front of the U.S. Capitol. (DOD Photo by Navy Petty Officer 1st Class Carlos M. Vazquez II)

What Are the Limits of the Presidential Power to Pardon?

December 9, 2024

What Are the Limits of the Presidential Power to Pardon?

Ask students: How does President Biden's pardon protect his son from crimes that have not been charged in court?

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President Biden issued a full and unconditional pardon of his son, Hunter, who was just days away from a possible prison sentence in two federal felony cases against him. It raises new questions about Biden's legacy as he closes out his final chapters in the White House. Geoff Bennett discussed the precedent this pardon could set with Margaret Love.

View the transcript of the story.

Key Word

Precedent - an action that serves as an example in the future. In legal matters, a precedent can define what is considered within the normal bounds of law or not.

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Discussion Questions

  1. Who is Hunter Biden, and what crimes was he accused of committing?
  2. How does the pardon that President Biden issued protect his son from crimes that have not been charged in court?
  3. When (what time period) does the blanket pardon apply to?
  4. What has been Biden's reasoning for pardoning his son after promising he wouldn't do so?
  5. Why do some experts say the pardon changes the precedent for presidential pardons? What is unusual about it?

Focus Questions

  • Why do you think the presidential pardon power exists?
  • Do you think limits should be placed on the pardon power to avoid abuse? If so, what limitations would be effective?
  • Media literacy: Do you know how you could find out more about the history of the pardon power? How about other controversial ca

Extension Activity

Watch the following video and discuss:

  • Do you think Trump pardoning January 6 rioters would be an abuse of the pardon power? If so, why?
  • How can presidents use the pardon power to protect themselves from accusations of wrongdoing, or criminal activity?
  • What law or regulation would best prevent abuse while maintaining the power to pardon?
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Republished with permission from PBS NewsHour Classroom.

PBS NewsHour Classroom
PBS NewsHour Classroom helps teachers and students identify the who, what, where and why-it-matters of the major national and international news stories. The site combines the best of NewsHour's reliable, trustworthy news program with lesson plans developed specifically for... See More
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