Earlier quoted context omitted.
The power to pardon needs to be removed all together. All it does is show that the President overrides the department of justice. How anyone ever thought this should be a thing, I have no idea.
> The power to pardon needs to be removed all together. All it does is show that the President overrides the department of justice. The Department of Justice is subordinate to the President as part of the executive branch with or without the pardon power; if you want something other than "the President overrides the Department of Justice" as a matter of Constitutional law rather than an intermittently-observed conven…
The Supreme Court has repeatedly affirmed that while the President may remove executive officers, he cannot lawfully direct them to commit acts that are unconstitutional, obstruct justice, or violate statutory mandates. The constitutional structure also relies on normative independence - a separation within the executive branch that maintains rule of law. This is not a “convention of restraint” but an operational necessity derived from the Take Care Clause (“he shall take Care that the Laws be faithfully executed”). That clause doesn’t mean “whatever the President says is law”; it means the President must ensure that the law itself is enforced faithfully, even when doing so constrains his own interests.
Finally, while the pardon power is broad, it’s not the linchpin of executive authority over the DOJ. Removing or limiting that power wouldn’t change the fact that the DOJ’s prosecutorial discretion must still be exercised consistent with law, ethics, and constitutional constraints - not simply the President’s personal preferences. Our system is not designed for a monarch with “absolute control” over prosecutions. It’s designed for a chief executive bound by law and accountable through oversight, impeachment, and ultimately, the electorate.