Debating the Self-Pardon: A Dialogue of the Evidence for and Against the Constitutionality of a Presidential Self-Pardon

Conklin, Michael & Bayer, Peter B.

Journal: Missouri Law Review

Volume: 90

Year: 2026

Bluebook Citation: 90 MO. L. REV. (2026)

Author: Peter Brandon Bayer: all 6 publications


Abstract

In light of recent events, the constitutionality of presidential self-pardons is set to potentially become one of the most pressing constitutional questions of the twenty-first century. This Article consists of a dialogue between two scholars regarding the evidence for and against the constitutionality of presidential self-pardons. By providing their best arguments for and against each side, readers are left better equipped to reach their own educated conclusions. The benefits of discussing this issue before anyone attempts to self-pardon are considerable, as doing so could contribute to solutions, potentially averting, or at least helping to resolve peaceably, a true constitutional crisis.

Finally, this dialogue should serve as a valuable framework for analyzing other aspects of the pardon power specifically and other issues of constitutional interpretation more generally.

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