Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
=The Pardoning Power of the President.=--The Constitution authorizes the
President "to grant reprieves and pardons for offenses against the
United States except in cases of impeachment."[85] The President cannot,
of course, pardon offenses against state law. Offenses against the
postal laws, the revenue laws, the laws against counterfeiting, and the
national banking laws are those for which pardons are most frequently
sought. Crimes committed in the territories are, however, offenses
against the laws of the United States, and are frequently the object of
applications for pardon.
[85] Impeachment offenses were excepted for the purpose of preventing
the President from granting pardons to his own appointees and thereby
shielding them from the consequences of their acts.
For definition of pardon and reprieve, and further discussion of the
nature and purpose of the pardoning power, see p. 102-103.
With the exception of the limitation in regard to impeachment offenses,
the President's power of pardon is absolute. His power is not restricted
by a board of pardons as is that of the governors of some of the states,
nor can Congress in any way abridge his power or restrict the effect of
a pardon granted by him. Moreover, he may grant a pardon before as well
as after conviction, though this is rarely done in the case of
individual offenses. It is sometimes done, however, where large numbers
of persons have become liable to criminal prosecution for participation
in rebellion, resistance to the laws, and similar acts.
_Amnesty._--In such cases the pardon is known as an "amnesty," and is
granted by proclamation. Thus in December, 1863, President Lincoln
issued an amnesty proclamation offering a full pardon to all persons in
arms against the United States provided they would lay down their arms
and return to their allegiance. In April, 1865, President Johnson issued
a proclamation offering amnesty to all those who had borne arms against
the United States, with certain exceptions and subject to certain
conditions. The last instance of the kind was the proclamation issued by
President Harrison, in 1893, granting amnesty to those Mormons who had
violated the anti-polygamy laws of the United States.
_Commutation._--The power to pardon is held also to include the power to
commute a sentence from a heavier to a lighter penalty, and also to
reduce a fine or remit it entirely.
_Parole._--In 1910, Congress passed a law providing for the release on
parole of federal prisoners sentenced to a term of more than one year,
except life prisoners, provided their conduct has been satisfactory. At
each of the three federal prisons there is a board of parole charged
with hearing applications for release.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account