| − | The Pardon Power is a constitutional power of the President to restore someone to his full civil rights in spite of his criminal acts. "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 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>Ruckman, P.S., Jr. 1997. “Executive Clemency in the United States: Origins, Development, and Analysis (1900-1993),”27 ''Presidential Studies Quarterly'', 251-271</ref> | + | The Pardon Power is a constitutional power assigned to the President which allows for the mitigation of 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>Ruckman, P.S., Jr. 1997. “Executive Clemency in the United States: Origins, Development, and Analysis (1900-1993),”27 ''Presidential Studies Quarterly'', 251-271</ref> |
| | The power comes from the royal English Prerogative of Kings, which predates the Norman invasion. The sale of pardons was common 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 served one year as a soldier.<ref>Wiliam 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>Moore, Kathleen Dean, "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. The sale of pardons was common 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 served one year as a soldier.<ref>Wiliam 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>Moore, Kathleen Dean, "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''. |