| − | The '''pardon power''' is a [[constitution]]al power assigned to the [[President]] which allows for the correction of political corruption of the criminal justice process, either by entirely repealing a conviction or mitigating the severity of the 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, but apparently the [[U.S. Supreme Court]] has never addressed this issue of pardoning state crimes and there are arguments on both sides of this issue.<ref>''For'' a broader pardon power: this has been the trend in court decisions, and the prospect of a county prosecutor convicting a current or past president without the pardon power covering this seems absurd. ''Against'' a broader pardon power: viewing the states as separate sovereigns has a following on the Supreme Court.</ref> | + | The '''pardon power''' is a [[constitution]]al power assigned to the [[President]] which allows for the correction of political corruption of the criminal justice process, either by entirely repealing a conviction or mitigating the severity of the 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, but apparently the [[U.S. Supreme Court]] has never addressed this issue of pardoning state crimes and there are arguments on both sides of this issue.<ref>''For'' a broader pardon power: this has been the trend in court decisions, and the prospect of a county prosecutor convicting a current or past president without the pardon power covering this seems absurd. ''Against'' a broader pardon power: viewing the states as separate sovereigns has a following on the Supreme Court.</ref> |
| | + | The power thus conferred is unlimited, with the exception stated. '''''It extends to every offence known to the law''''', and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgment. This power of the President is not subject to legislative control. Congress can neither limit the effect of his pardon, nor exclude from its exercise any class of offenders. The benign prerogative of mercy reposed in him cannot be fettered by any legislative restrictions. |
| | As of August 27, 2023, a total of 669 reported decisions refer to "pardon power" or "pardon clause", including 255 federal, 411 state, and 1 tribal. Only 17 [[U.S. Supreme Court]] decisions refer to this, as discussed below. | | As of August 27, 2023, a total of 669 reported decisions refer to "pardon power" or "pardon clause", including 255 federal, 411 state, and 1 tribal. Only 17 [[U.S. Supreme Court]] decisions refer to this, as discussed below. |