header-logo header-logo

11 July 2019 / Athelstane Aamodt
Issue: 7848 / Categories: Features , Constitutional law
printer mail-detail

Begging your pardon

In the UK, it is the courts & not the government that determines a person’s guilt, explains Athelstane Aamodt

Every Thanksgiving, the president of the United States ‘pardons’ a turkey. Unsurprisingly, there is no enumerated power for the president to do so in the US Constitution; it is merely a tradition.

The president does, however, have the power to pardon people; at Art II, s 2 of the US Constitution, it states that ‘... he [the President] shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.’ This power to reprieve and pardon has been used to varying degrees by presidents; Barack Obama pardoned 212 people and commuted the sentences of 1,715 people, although this pales into insignificance when compared with Andrew Johnson (Lincoln’s successor as president), who pardoned over 8,000 people—most of them ex-Confederates, including Jefferson Davis.

The president’s powers under the constitution are broad, and attempts to have the courts interfere have proved almost entirely unsuccessful. The Supreme Court has held that the president’s

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll