The power to pardon is a uniquely extraordinary prerogative of the President, meant to mitigate the law's harshness and counterbalance immediate societal passions.
Hamilton emphasized in Federalist Papers 74 that the concentration of the pardon power in one individual is crucial for maintaining its extraordinary character and mitigating fervor.
Legal histories often overlook the emotional weight of a pardon, which connects deeply to the historical and symbolic significance of sovereign authority—like the 'royal touch'.
From medieval kings to modern presidents, the roots of clemency reflect an age-old belief in mercy and the royal responsibility to deliver justice.
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