Changes

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>

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 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''.

''The Federalist'' No. 74 (written by Alexander Hamilton well after the Convention) explains its purpose of "humanity and good policy" and to lessen harsh results of the criminal code.  Several Supreme Court decisions have upheld a broad interpretation of the Pardon Power.<ref>''United States v. Wilson'', 32 U.S. 150 (1833)</ref><ref>''Ex parte'' Garland, 71 U.S. 333 (1867)</ref><ref>''United States v. Klein'', 80 U.S. 128 (1871)</ref><ref>''Biddle v. Perovich'', 274 U.S. 480 (1927)</ref><ref>''Schick v. Reed'', 419 U.S. 256 (1974)</ref>

''The Federalist'' No. 74 (written by Alexander Hamilton well after the Convention) explains its purpose of "humanity and good policy" and to lessen harsh results of the criminal code.  Several Supreme Court decisions have upheld a broad interpretation of the Pardon Power.<ref>''United States v. Wilson'', 32 U.S. 150 (1833)</ref><ref>''Ex parte'' Garland, 71 U.S. 333 (1867)</ref><ref>''United States v. Klein'', 80 U.S. 128 (1871)</ref><ref>''Biddle v. Perovich'', 274 U.S. 480 (1927)</ref><ref>''Schick v. Reed'', 419 U.S. 256 (1974)</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>

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 ==