Constitution: is it possible for an incoming President to “cancel” a pardon.

 The power to grant pardons is explicitly outlined in Article II, Section 2, Clause 1 of the United States Constitution, which states: "The President shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." This clause establishes the president's authority to issue pardons and reprieves for federal offenses. However, the Constitution does not provide any mechanism for a subsequent president to revoke or "cancel" a pardon issued by a predecessor. Once a pardon is granted and accepted by the recipient, it is generally considered final and irrevocable [1][3].

Historically, the irrevocability of presidential pardons has been upheld in legal interpretations and court cases. In Ex parte Garland (1866), the Supreme Court ruled that the presidential pardon power is "unlimited" (except in cases of impeachment) and that a pardon "releases the punishment and blots out the existence of guilt." This decision reinforced the idea that a pardon, once granted, cannot be undone by another branch of government or a subsequent president [4].

Additionally, the case of United States v. Klein (1871) further clarified the scope of the pardon power, emphasizing that Congress could not restrict or invalidate the effects of a presidential pardon. While this case primarily addressed legislative interference, it indirectly supports the notion that a pardon is final and cannot be reversed by a future president [5].

In practice, no president has successfully "canceled" a pardon issued by a predecessor, as doing so would likely violate the constitutional principle of the separation of powers and the finality of the pardon power. Therefore, it is not constitutionally possible for an incoming president to revoke or cancel a pardon granted by a previous president.

Sources

1 The United States Supreme Court Edited by Christopher Tomlins

2 On the Constitution of the United States by Joseph Story

3 U.S. Constitution for Everyone by Mort Green

4 The Constitution of the United States of America as Amended. Unratified Amendments. Analytical Index by Henry Hyde

5 The Making of America by W. Cleon Skousen