Explain the pardoning power of the President. Additionally, mention the norms established by the Supreme Court regarding the presidential pardon power in its various judgments.
The presidential pardoning power is enshrined in Article II, Section 2 of the U.S. Constitution, allowing the President to grant reprieves and pardons for federal offenses. This power is significant as it can mitigate sentences, restore rights, and promote justice.
Key aspects include:
- Scope: The President can pardon individuals for federal crimes but not for state offenses.
- Limitations: The power does not extend to impeachment cases.
The Supreme Court has established important norms regarding this power:
- In Ex parte Garland (1866), the Court affirmed that the pardon power is broad and includes the ability to restore civil rights.
- In Schick v. Reed (1974), it ruled that the President's discretion in granting pardons is nearly absolute, emphasizing the lack of judicial review.
These rulings underscore the executive's authority while also highlighting the potential for abuse, necessitating a careful balance between justice and mercy.
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