NORTH DAKOTA (KXNET) — This week saw the transfer of power from Joe Biden to Donald Trump, and with it, many things quickly changed about the shape of our country. One thing we saw lots of this week as power switched from one political party to the other was presidential pardons. Biden scrambled to announce his final pardons before his term came to an end, while Trump announced many others that he had waited as many as four years to issue. Biden's pardons ranged from his family to Indigenous activist Leonard Peltier, who was convicted in 1975 for the killing of two FBI agents, while Trump's most notable pardons are of the nearly 1,600 people who participated in the January 6 riots. Some might consider this unconstitutional, or they might argue that it gives presidents too much power. So what's the history of the presidential pardon, and when and why was it used? The most notable use of the presidential pardon was probably when 38th President Gerald Ford pardoned 37th President Richard Nixon in 1974 two years after the Watergate scandal. But that was not the first time it was used. The White House Historical Association provides a history of the presidential pardon. Trump’s Jan. 6 pardons divide House Republicans The history of the presidential pardon Article II Section 2 states the president has the power to “grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” This power originated in Great Britain, as did many elements of the constitution. It first appeared all the way back in the seventh century, and became more restricted over time due to its abuses. Alexander Hamilton brought it to the table at the Constitutional Convention of 1787. After much debate, such as whether treason should be pardonable, the power was given to the president. The Framers of the Constitution deliberately separated judicial powers from the pardoning power, which they believed would prevent abuses of the pardon. The pardon, which restores all freedoms to a person and absolves them of guilt, is only one type of clemency the president can give. There is also amnesty, which is the same as a pardon but applies to a group of people, a reprieve, which delays sentencing, and commutation, which reduces a sentence. The only restrictions that exist on the power are that it may not be used in cases of impeachment, and that it can only be applied to federal crimes. Pardons can even be issued preemptively before any legal action is taken. Pardons cannot be revoked by a future president. If one president issues a pardon, it is final as soon as it's complete. Under George W. Bush, the precedent was established that if a person hasn't received notification of their pardon, it is not yet considered final. It is unknown, however, what would happen if a president attempted to pardon themselves, as that has never been attempted. Democrats weighing limits on presidential pardons after Trump, Biden moves The most notable uses of clemency The first president of the United States was also the first to exercise this power. George Washington granted amnesty in 1795 to people who participated in the Whiskey Rebellion in Pennsylvania, which was a response to a tax on distilled spirits. Thomas Jefferson used the power to grant amnesty to people convicted under the Alien and Sedition Acts, which applied restrictions to immigration and the press. During and after the Civil War, Abraham Lincoln and Andrew Johnson both used the pardon power, in similar but different ways. Lincoln used the power to absolve people of war-related offenses to encourage people to leave the Confederate Army, and Johnson used it after the fact to try and restore unity in the United States. Johnson's pardons were much more controversial, as they extended to Jefferson Davis, the leader of the Confederate Army, who was arrested for crimes including his complicity in Lincoln's assassination. He was one of many Confederates who received pardons after Johnson's Christmas Day Proclamation. Throughout the next century, there were fewer pardons, with a notable one being Warren G. Harding's commutation of 24 political prisoners, one of whom was a socialist leader. That brings us to Ford pardoning Nixon. In one of the most controversial acts in presidential history, Gerald Ford made the decision to pardon Richard Nixon after the Watergate scandal. Ford explained that he just granted the pardon as an act of mercy and to try and restore the peace, but that did not stop his approval rating from falling more than 20 points in the following days. It also hurt his chance to win a second term in office in 1976, when he lost to Jimmy Carter. Since then, we've had a two-term president who issued more clemency actions than any other two-term president in Barack Obama (1,927), and we've had one who issued the fewest in George W. Bush (200). Biden commutes Peltier's sentence in the 1975 killings of two FBI agents Back to modern times In modern history, the presidential pardon has been used to absolve family members, protesters, and many others based on the political ideology of the Commander-in-Chief. An interesting thing happened when one of the people pardoned by President Trump for the January 6 riots decided to decline it. Some people believe that when a pardon is granted, that implies guilt, and those who accept it committed the acts for which they were pardoned. Presidents have disagreed on this, but some have historically chosen not to be pardoned. In the case of the person who rejected the January 6 pardon, she did so because she felt remorse for her actions and those of the others that day. She felt she was guilty of the crime for which she was attempted to be pardoned. The question that always remains is, is it ethical? Should presidents be given this ultimate authority? The presidential pardon seems to be the most blatant outlier in a constitution that otherwise emphasizes checks and balances. It has been used in controversial ways in the past, and people haven't always agreed with its use. As we saw with Gerald Ford, it can even cost presidents a chance at another term. As long as presidents have this power, they must use it wisely. Whether it will ever be amended or taken away will be determined by history. Close Thanks for signing up! Watch for us in your inbox. Subscribe Now Today's Top Stories SIGN UP NOW