A very brief history of presidential pardons

The power of presidents to pardon is found in the United States Constitution, Article II, Section 2, Clause 1 ... he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. That power has historical roots in early English law. It has been recognized by the Supreme Court as quite broad. In the 1886 case Ex parte Garland, the court referred to the president's authority to pardon as unlimited except in cases of impeachment, extending to every offense known to the law and able to be exercised either before legal proceedings are taken, or during their pendency, or after conviction and judgment. Later, the court wrote that the broad power conferred in the Constitution gives the president plenary authority to "forgive" (a) convicted person in part or entirely, to reduce a penalty in terms of a specified number of years, or to alter it with certain conditions. Despite the breadth of the president's authority under the Pardon Clause, the Constitution's text provides for at least two limits on the power: first, clemency may only be granted for offenses against the United States, meaning that state criminal offenses and federal or state civil claims are not covered. Generally, with certain exceptions, Congress can neither limit the effect of his pardon, nor exclude from its exercise any class of offenders. A presidential pardon fully exonerates individuals convicted of federal crimes, and restores their civil rights, as granted by the U.S. Constitution. Presidents issue pardons for various reasons, including mercy, political motives, legal reform, or to help the nation move past contentious events — though the power can sometimes be controversial or abused. Notable examples include Andrew Johnson pardoning thousands of Confederates, but only if they verbally recited an oath stating that the person supported the United States Constitution and all laws relating to the emancipation of slaves; Gerald Ford pardoning Richard Nixon; Jimmy Carter pardoning Vietnam era "draft dodgers"; Barack Obama shortening sentences for nonviolent drug offenders; and Donald Trump pardoning the Jan. 6 Capitol rioters. The first president to use the pardon power was George Washington, who pardoned 16 people. Among them were two men, convicted of treason for their roles in the Whiskey Rebellion. John Adams pardoned 20 people. Thomas Jefferson pardoned 119 people, including those convicted under Adams' Sedition Act. James Madison pardoned 196 people, including a man sentenced to death for surrendering Fort Detroit during the War of 1812, whom Madison pardoned due to his heroic conduct during the American Revolution. James Monroe pardoned 419 people including several pirates like Jean Lafitte and Pierre Lafitte for their assistance during the War of 1812. William Henry Harrison was one of only two presidents who issued no pardons, (the other being James A. Garfield). This was due to Harrison's death shortly after taking office. James K. Polk pardoned 268 people. Among them was John C. Fremont, convicted by court-martial of mutiny in 1848. Fremont later became the 1856 Republican candidate for the U.S. presidency. Franklin Pierce pardoned 142 people. One was Noah Hanson, a free black man who was tried and convicted of assisting slaves to escape, the only known presidential pardon of a black person for Underground Railroad activities. James Buchanan pardoned 150 people. Among them was Brigham Young for his role in the 1857 Utah War. Abraham Lincoln pardoned 43 people. Among them was Moses Robinette, President Joe Biden's great-great-grandfather, who was charged with attempted murder in 1864. Richard M. Nixon remains the only president to receive a pardon (from President Gerald Ford) – so far. Steve Wintermute is a journalist and history student. Contact him at stevewintermute1@gmail.com.