Congress seeks power to veto presidential pardons—but at what cost?

What it does

This proposed constitutional amendment would require the President to notify Congress within 3 days of granting any pardon or reprieve, and would allow Congress to nullify that pardon by a two-thirds vote in both chambers within 60 days. If Congress does not act, the pardon becomes effective after 90 days. Pardons granted without proper notification would be void, and Congress could prevent the President from re-pardoning any offense it has already nullified.

Why we flagged it

This is a structural constitutional proposal that reallocates executive power to the legislative branch by imposing notification, delay, and congressional veto authority over presidential pardons. It is not a statute but a proposed amendment requiring three-fourths state ratification.

What the text implies

• A 90-day suspension period creates uncertainty for pardoned individuals and may be challenged as an unconstitutional delay of executive power if ratified.
• The two-thirds supermajority requirement means a pardon can survive if either chamber fails to muster 67% support, creating asymmetric veto power.
• Congress could use nullification as a political weapon—blocking pardons for opposition figures while allowing those for allies, converting the pardon into a partisan tool.
• The amendment does not define 'reprieve' vs. 'pardon' or address commutations, leaving ambiguity about scope.
• Retroactive nullification (Section 4) prevents re-pardoning of nullified offenses, potentially trapping individuals in legal limbo if political winds shift.

Section numbers refer to the bill text the analysis read — linked under Primary records below.

Who it affects

The amendment strengthens democratic accountability by requiring transparency and legislative oversight of a historically unchecked executive power, potentially preventing abuse. However, it also creates a 90-day limbo period during which pardons are suspended, may chill legitimate use of the pardon power, and introduces partisan gridlock risk—a Congress hostile to a President could weaponize the nullification power to block pardons for political opponents, while a Congress aligned with the Pres

Named in the bill

President of the United States, Congress (House and Senate), President pro tempore of the Senate, Speaker of the House of Representatives

Where it stands

10 cosponsors: 9 Democrats, 1 Republicans.

• Dec 18, 2025 — Introduced · Congress.gov: “Introduced in House”
• Dec 18, 2025 — Referred to House Committee on the Judiciary · Congress.gov: “Referred to the House Committee on the Judiciary”

Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.