Study Notes on Presidential Pardon Power

The presidential pardon power is outlined in the U.S. Constitution, specifically in Article II, Section 2, Clause 1.

The specific language reads: "The president shall have power to grant reprieves and pardons for offenses against The United States, except in cases of impeachment."

Pardons: A pardon refers to the act of relieving someone from the consequences of committing an offense against the United States.
Reprieves: A reprieve refers to a temporary delay in the punishment of a criminal.
Offenses: It is important to note that the term "offenses" encompasses more than just convictions; it includes the commission of offenses even if a formal conviction has not occurred.

The President has the authority to grant different forms of relief, including:
- Full Pardon: This terminates the criminal process for an offense, completely relieving the individual from the legal consequences.
- Commutation of Sentence: This is a lesser form of relief that involves reducing the length of a sentence; however, it generally assumes the individual has been convicted and sentenced.

The President's power to pardon is not absolute and comes with specific constraints:
- Impeachment Clause: The President cannot grant pardons for offenses related to the impeachment of officials in his administration.
- Financial Restrictions: The President cannot refund or give financial relief for money that is already in the Treasury. This is governed by another constitutional provision that states only Congress can appropriate money by law.
- State Offenses: Additionally, the President does not have the authority to pardon state offenses, as the power only applies to offenses against the United States.

Beyond the mentioned constraints, the power to grant pardons is described as an "unfettered discretionary power," allowing the President considerable leeway in how they apply this power.