Pardon Power

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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. Const. Art. II, Sec. 2, Cl. 1. This is one of the few presidential powers that is virtually unlimited.

The power comes from the royal English Prerogative of Kings, which predates the Norman invasion. 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.

Charles Pickney proposed the addition of the Pardon Power to the Constitution during the Constitutional Convention, on May 29, 1787. The Federalist No. 74 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.[1][2][3][4][5]

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.[6]

Sources:

  1. ↑ United States v. Wilson, 32 U.S. 150 (1833)
  2. ↑ Ex parte Garland, 71 U.S. 333 (1867)
  3. ↑ United States v. Klein, 80 U.S. 128 (1871)
  4. ↑ Biddle v. Perovich, 274 U.S. 480 (1927)
  5. ↑ Schick v. Reed, 419 U.S. 256 (1974)
  6. ↑ Brown v. Walker, 161 U.S. 591 (1896); The Laura, 114 U.S. 411 (1885).
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