Powers of The President of The United States - Executive Clemency

Executive Clemency

See also: List of people pardoned or granted clemency by the President of the United States

Article II of the United States Constitution gives the President the power of clemency. The two most commonly used clemency powers are those of pardon and commutation. A pardon is an official forgiveness for an acknowledged crime. Once a pardon is issued, all punishment for the crime is waived. The person accepting the pardon must, however, acknowledge that the crime did take place. The President maintains the Office of the Pardon Attorney in the United States Department of Justice to review all requests for pardons. Most pardons are issued as oversight of the judicial branch, especially in cases where Federal Sentencing Guidelines are considered too severe for the crime committed. Other pardons have been much more controversial because there was political motivation.

This power can check the legislative and judicial branches by altering punishment for crimes. Presidents can issue blanket amnesty which forgives entire groups of people for a crime. President Jimmy Carter offered amnesty to Vietnam War draftees who fled to Canada. Presidents can also issue temporary suspension of prosecution or punishment in the form of respites. This power is most commonly used to delay federal sentences of execution.

The President can also commute a sentence which, in effect, changes the punishment to time served. While the guilty party may be released from custody or not have to serve out a prison term, all other punishments still apply. President George W. Bush commuted the sentence of White House staffer Lewis "Scooter" Libby.