> pardons and clemency are a good thing to have in the system

Congress can do it any time. The fact that it will probably result in a statute change, too, versus a one-off benefit, is a feature of that process.

I debated this for a while, myself. Kept creating carve-outs. But at the end of the day, pardons are a shitty and ineffective check on either the judiciary or criminal statute, and they have been known to be a potential source of corruption since at least the Roman Republic, which denied this power even to their dictators.

> we should also create room for Congress to create rule-making agencies that exist within the Congressional branch

Eh, I prefer independent agencies. If the Congress wants a law it can pass it.