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What is a Presidential Pardon?

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Understanding the President's Pardon Power in the United States

The President of the United States holds a unique and significant power: the ability to grant pardons. This authority is rooted directly in the U.S. Constitution, specifically Article II, Section 2, Clause 1. This clause empowers the President to issue "Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." (See Trump v. Vance, 591 U.S. 786 (2020) and U.S.C.A. Const. Art. II § 2, cl. 1).

This presidential pardon power is exclusively vested in the President. Importantly, Congress cannot alter, reduce, or take away this power (as affirmed in Schick v. Reed, 419 U.S. 256 (1974)).

Scope and Application of Presidential Pardons

The scope of the pardon power is broad, encompassing all types of pardons recognized in law. The exercise of this power must align with legal traditions established in England and the American colonies at the time of the Constitution's drafting (Ex parte Wells, 59 U.S. 307 (1855)).

The President's pardon authority is considered "conclusive and preclusive." This means that once a pardon is granted, Congress is prevented from taking further action on the matter (Trump v. United States, 603 U.S. 593 (2024)).

Here is a list of Presidential Pardons given by various Presidents including President Biden and President Trump.

A presidential pardon can have significant legal effects, including restoring rights and benefits that were lost due to a conviction, such as property rights and certain annuities (Trump v. United States, 603 U.S. 593 (2024)). However, it's important to note that a pardon is not effective unless it is accepted by the individual receiving it (Burdick v. U.S., 236 U.S. 79 (1915)).

Presidents can issue different types of pardons, ranging from conditional pardons to full pardons. A full and unconditional pardon represents the complete exercise of this presidential authority (Bradford v. Cardoza, 195 Cal.App.3d 361 (1987)).

Purpose of the Presidential Pardon Power

The fundamental purpose of the pardon power is to provide a mechanism for relief in cases of undue harshness or clear errors in the application of criminal law. It serves as a check on the judicial and legislative branches, entrusted to the executive branch for specific and compelling circumstances (Ex parte Grossman, 267 U.S. 87 (1925)).

Crucially, the President's power to pardon is not subject to legislative control. Congress cannot limit the reach of a presidential pardon or exclude specific categories of offenders from being eligible for one (U.S. v. Klein, 80 U.S. 128 (1871)).

Key Takeaways:

  • The presidential pardon power is a constitutional authority granted to the U.S. President.
  • It is an exclusive power that cannot be altered by Congress.
  • Pardons can restore certain rights lost due to a conviction.
  • The power is intended to address injustices in the enforcement of criminal law.