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The '''pardon power''' is a constitutional power assigned to the President which allows for the mitigation of the severity of criminal punishment. "The President ... shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."  U.S. ''Constitution'', Article II, Section 2, Clause 1.  The United States Supreme Court has interpreted the "Pardon Power" to include the power to grant pardons, conditional pardons, commutations of sentence, conditional commutations of sentence, respites, remissions, and amnesties.<ref>P.S. Ruckman, Jr. 1997. “Executive Clemency in the United States: Origins, Development, and Analysis (1900-1993),”27 ''Presidential Studies Quarterly'', 251-271</ref>  Pardons can be granted before anyone is charged with a crime, but cannot apply to new crimes that may be committed in the future.  The [[Department of Justice]] asserts that the president cannot pardon someone with respect to state (non-federal) crimes.

The '''pardon power''' is a [[constitution]]al power assigned to the [[President]] which allows for the mitigation of the severity of criminal punishment. "The President ... shall have Power to grant Reprieves and Pardons for Offences against the [[United States]], except in Cases of Impeachment."  U.S. ''Constitution'', Article II, Section 2, Clause 1.  The United States [[Supreme Court]] has interpreted the "Pardon Power" to include the power to grant pardons, conditional pardons, commutations of sentence, conditional commutations of sentence, respites, remissions, and amnesties.<ref>P.S. Ruckman, Jr. 1997. “Executive Clemency in the United States: Origins, Development, and Analysis (1900-1993),”27 ''Presidential Studies Quarterly'', 251-271</ref>  Pardons can be granted before anyone is charged with a crime, but cannot apply to new crimes that may be committed in the future.  The [[Department of Justice]] asserts that the president cannot pardon someone with respect to state (non-federal) crimes.

The power comes from the royal English Prerogative of Kings, which predates the Norman invasion. British monarchs frequnelt sold pardons and conditional pardons were used to populate the colonies.<ref>Patrick R. Cowlishaw, "The Conditional Presidential Pardon." 28 ''Stanford Law Review'' 149-77</ref> Felons were also forgiven if they agreed to serve one year as a soldier.<ref>William F. Duker, "The Presidential Power to Pardon." 18 ''William and Mary Law Review'' 255-72</ref> Edward III granted pardons to celebrate his birthday and James II shared pardon sales with the two ladies "then most in favor."<ref>Kathleen Dean Moore, "Pardon for Good and Sufficient Reasons," University of 27 ''Richmond Law Review'' 281-8</ref> To curb abuses in which kings would grant pardons in exchange for money, Parliament tried unsuccessfully to limit this power.  However, in 1701 Parliament limited this power in the ''Act of Settlement''.

The power comes from the royal English Prerogative of Kings, which predates the Norman invasion. [[British]] monarchs frequnelt sold pardons and conditional pardons were used to populate the colonies.<ref>Patrick R. Cowlishaw, "The Conditional Presidential Pardon." 28 ''Stanford Law Review'' 149-77</ref> Felons were also forgiven if they agreed to serve one year as a soldier.<ref>William F. Duker, "The Presidential Power to Pardon." 18 ''William and Mary Law Review'' 255-72</ref> Edward III granted pardons to celebrate his birthday and James II shared pardon sales with the two ladies "then most in favor."<ref>Kathleen Dean Moore, "Pardon for Good and Sufficient Reasons," University of 27 ''Richmond Law Review'' 281-8</ref> To curb abuses in which kings would grant pardons in exchange for money, Parliament tried unsuccessfully to limit this power.  However, in 1701 Parliament limited this power in the ''Act of Settlement''.

Under the ''Articles of Confederation'', the executive had no pardon power. Likewise, the power was not a feature of either of the major plans discussed at the Constitutional Convention (the ''Virginia Plan'' and the ''New Jersey Plan''). Nor did the power appear in a first draft sent to the Committee on Detail. However, Charles Pickney and Alexander Hamilton submitted minor plans at the Convention which contained the power and John Rutlegde, a member of the Committee, scribbled it into the margins. The first real discussion of pardons did not take place until the end of a working day near the end of the Convention (August 25). Thus, there was "relative paucity of debate" at the Federal Convention concerning the pardon power<ref>James N. Jorgensen. 1993. "Clemency and Pardons Note," 27 ''University of Richmond Law Review'', 345-370</ref> and little further discussion at the state ratifying conventions.<ref>David G. Adler. 1989. "The President's Pardon Power." In Thomas Cronin's ''Inventing the Presidency''</ref>  

Under the ''Articles of Confederation'', the executive had no pardon power. Likewise, the power was not a feature of either of the major plans discussed at the Constitutional Convention (the ''Virginia Plan'' and the ''New Jersey Plan''). Nor did the power appear in a first draft sent to the Committee on Detail. However, Charles Pickney and Alexander Hamilton submitted minor plans at the Convention which contained the power and John Rutlegde, a member of the Committee, scribbled it into the margins. The first real discussion of pardons did not take place until the end of a working day near the end of the Convention (August 25). Thus, there was "relative paucity of debate" at the Federal Convention concerning the pardon power<ref>James N. Jorgensen. 1993. "Clemency and Pardons Note," 27 ''University of Richmond Law Review'', 345-370</ref> and little further discussion at the state ratifying conventions.<ref>David G. Adler. 1989. "The President's Pardon Power." In Thomas Cronin's ''Inventing the Presidency''</ref>  

Here is a list of controversial pardons by presidents throughout history:<ref>Robert J. Mcwhirter, "Baby, Don't Be Cruel: Part I: What's So "Cruel and Unusual" about the Eighth Amendment," 46 AZ Attorney 13 (Dec. 2009).</ref>

Here is a list of controversial pardons by presidents throughout history:<ref>Robert J. Mcwhirter, "Baby, Don't Be Cruel: Part I: What's So "Cruel and Unusual" about the Eighth Amendment," 46 AZ Attorney 13 (Dec. 2009).</ref>

*George Washington pardoned the leaders of the [[Whiskey Rebellion]]

*[[George Washington]] pardoned the leaders of the [[Whiskey Rebellion]]

*Andrew Johnson pardoned thousands of former Confederate soldiers after the [[Civil War]]

*[[Andrew Johnson]] pardoned thousands of former [[Confederate]] soldiers after the [[Civil War]]

*Gerald Ford pardoned former President Richard Nixon for his actions during [[Watergate]]

*[[Gerald Ford]] pardoned former President [[Richard Nixon]] for his actions during [[Watergate]]

*Jimmy Carter pardoned (granted amnesty) to those who evaded the draft during the [[Vietnam War]]

*[[Jimmy Carter]] pardoned (granted amnesty) to those who evaded the draft during the [[Vietnam War]]

*George H.W. Bush pardoned 75 persons allegedly connected with the [[Iran-Contra affair]]

*[[George H.W. Bush]] pardoned 75 persons allegedly connected with the [[Iran-Contra affair]]

*Bill Clinton pardoned 140 people, many political supporters of his, in the hours before Clinton left office

*[[Bill Clinton]] pardoned 140 people, many political supporters of his, in the hours before Clinton left office

*George W. Bush commuted the prison sentence of I. Lewis "Scooter" Libby

*[[George W. Bush]] commuted the prison sentence of I. Lewis "Scooter" Libby

== Power of Congress to Pardon? ==

== Power of Congress to Pardon? ==

It has never been decided whether Congress can grant pardons itself.  Some argue that the grant of the power to pardon only to the President by implication precludes a power to pardon by Congress.  But there is Supreme Court authority suggesting that Congress also has the power to pardon.<ref>''Brown v. Walker'', 161 U.S. 591 (1896); ''The Laura'', 114 U.S. 411 (1885).</ref>

It has never been decided whether [[Congress]] can grant pardons itself.  Some argue that the grant of the power to pardon only to the President by implication precludes a power to pardon by Congress.  But there is Supreme Court authority suggesting that Congress also has the power to pardon.<ref>''Brown v. Walker'', 161 U.S. 591 (1896); ''The Laura'', 114 U.S. 411 (1885).</ref>

== References ==

== References ==