Power Of Presidential Pardon  

Power of Presidential Pardon has been approved under Article II, Section 2 of the Constitution. In the Constitutional Convention of 1787, the issue of presidential pardon was discussed and some Founders proposed to involve Congress in the pardons. But Alexander Hamilton, the Founding Father, advised that this power should remain only in the hands of president.

The Constitution puts no limitations at all on the president in giving pardons, with the exception of impeachment. Certainly, presidents have to follow some legal standards while granting pardons. According to the procedure of Title 28 of the U.S. Code of Federal Regulations, Sections 1.1 – 1.10, the US Pardon Attorney helps the president by analyzing and exploring all appeals for pardons. The Pardon Attorney arranges the Justice Department’s suggestions for each case under consideration and puts up before the president for the final decision. The president is the ultimate authority to grant or deny the pardon. Besides pardons, he may reduce sentence, fines and stay execution.

Many suggestions have been given in Congress to limit the president’s power of pardoning. A 1993 motion in the House proposed that the president should only have to power to grant a pardon for an offense against the US provided the person has been convicted of the said offense. The same proposal was given in 1787, but it was never adopted by the House Judiciary Committee. Again in 2000, a Senate common decision suggested an amendment to the Constitution, according to which the convict would get the right to submit his or her side of the story when it comes to a pardon or reprieve. But it did not materialize and was withdrawn. Lastly, it is very clear that any change or restriction to the power of presidential pardon will need an amendment to the Constitution and that is not so easy to obtain.

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Power Of Presidential Pardon

Can-You-Get-A-Presidential-Pardon-For-A-State-Crime      No, you cannot get a presidential pardon for a state crime. According to the U.S. Constitution, pardon may be granted by the President only in case of federal criminal convictions, like the ones obtained in the District Courts of the US. The royal power to grant pardon has also been extended to those convictions that are obtained in the court-martial proceedings of military as well as in the Superior Court of the District of Columbia. More..




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