About Presidential Pardons
The president of the United States has nearly unlimited power to grant pardons and override the criminal-justice system at his sole discretion. The power is granted by Article II, Section 2 of the U.S. Constitution, which gives the president "power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." The presidential power to pardon cannot be limited by any other branch of government.
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Original Purpose
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To the framers of the Constitution, the power to pardon was probably a natural inclusion, as they were accustomed to this power being used by the king of England to correct injustices. In England, even minor offenses could carry a death sentence, and a royal pardon was the only way to avoid this punishment. The framers of the Constitution also saw a presidential pardon as being useful during war and rebellion, when a pardon could induce rebels to reconcile. As noted by Alexander Hamilton, an offer of a pardon "to the insurgents or rebels may restore the tranquility of the commonwealth."
Full Pardons and Commutations
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Although a full pardon completely overturns a conviction, it does not imply that the conviction was in error. The full pardon reinstates a person's ability to apply for jobs that do not allow criminal convictions, such as law-enforcement positions, and to regain certain privileges, such as carrying a firearm. Presidents also can reduce a criminal sentence rather than issuing a full pardon, called a commutation of sentence. It is common for presidents to issue many pardons during their last month in office.
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Recent Numbers
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The pardon power is controversial, especially when a president pardons numerous people, as Bill Clinton and Ronald Reagan did. Clinton pardoned 395 people during his eight years in office, and Reagan pardoned 393. George H.W. Bush, in contrast, pardoned only 75 in his four-year term, and George W. Bush 171 in eight years.
A Famous Pardon
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Pardons often are used more for political reasons than for an offender's atonement or any type of judicial error. Perhaps the most famous pardon was Gerald Ford's pardon of former president Richard Nixon in 1974, when Nixon had not even been formally charged with a crime. Although Ford lost a great deal of favor after the pardon, with people cynically referring to him as "Nixon's man," many historians indicate he might have done the right thing by allowing the nation to move on and heal after the Watergate scandal.
Another Controversial Pardon
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Ironically, Jimmy Carter, who beat Ford in the next election perhaps partly because of the Nixon pardon, almost immediately issued a controversial pardon when he took office. Carter pardoned all those who avoided serving in the Vietnam War by leaving the country or not registering for the draft.
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