Clemency
Critical Analysis
What modern president has used their clemency power the least?
What exactly is clemency?
What is the big story this chart tells?
Why do you think Trump is so sparing in his use of clemency?
Explain why presidents use their pardon power more in the beginning of their term than at the end of their term.
Article II of the Constitution allows the president the power to, "grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." This means presidents can pardon federal crimes. According to the Constitution can presidents pardon state crimes?
Although the presidential pardon is a part of the constitution, Some scholars argue that a presidential pardon violates the idea of separation of powers because it allows the executive branch to overrule the judicial branch. If you were to recreate the constitution (too late) explain whether you would include a presidential pardon.
But seriously, when you think about all the presidential powers granted in Article II of the Constitution, how important is the pardon power?
When you read about the pardon power in Article II of the Constitution do you interpret that to mean that the president can self-pardon?
And how do legal scholars interpret the meaning of the Constitution’s power to grant pardons?
Do you think Donald Trump will grant himself a pardon?
While rare so far, Trump’s use of presidential clemency has caused controversy because of the nature of his pardons and commutations. Many of Trump’s clemency recipients have had a “personal or political connection to the president,” according to a July analysis by the Lawfare blog. The Constitution does not limit clemency to people without personal or political connections to the president. What stops most presidents from extending clemency to friends and accomplices?
Learning Extension
Can presidents grant themselves a pardon? Read this amazing Atlantic article that says no.
Action Extension
Fill in one of the following forms to request that the Office of the Pardon Attorney commute or pardon for you or someone you love.
Commutation (reduction) of Sentence - Information and Instructions
Commutation (reduction) of Sentence - Petition
Pardon after Completion of Sentence - Information and Instructions
Pardon after Completion of Sentence - Petition