History Paper

Submitted By Cnixon1989
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Amnesty and Pardons

By Cedric Nixon

In 1974 President Ford pardoned Nixon for several compelling reasons, 3 years later President Jimmy Carter gave amnesty to thousands of draft dodgers. In the 236 years since this country was founded many interesting and controversial pardons were given out. Pardons or to give legal forgiveness for a crime and thus prevent or end punishment can be used for good or bad, it is a power held strictly by the president, however only can be applied on federal level crimes. The President also has the power to grant amnesty or Pardon given to a group of people who broke the law. Several famous pardons make national news headlines like the ones mentioned above. In 1974 President Ford pardoned former President Nixon before he faced trail. In his inauguration speech he said it was to relieve stress from Nixon’s family the administration he had built. He also said that it be believed there would be no way Nixon would receive and fair and equal trail by jury. Still most people believed that the pardon was given because Ford felt he owed Nixon, because of him he became Vice President and eventually President. On his first day as President Jimmy Carter gave amnesty to thousands of draft dodgers as part of his campaign promise.

Many times in American History the power for the President to pardon has been brought to the Supreme Court. In the first ever case the Supreme Court ruled 9 to 0 that the Presidents power to pardon was legal. In Burdick v. United States the Supreme Court ruled that the courts could not force someone to accept a pardon. Many Americans feel the need to server for wrong doing they commit and great pressure was put on Burdick v. United States. There was actually very little backing giving the power to courts to make someone acceptation a pardon. In United States v. Klein, Klein a former confederate officer got pardon in return for taking a oath of loyalty to the United States. However before this cold happen congress passed a statue that made this illegal. The Supreme Court ruled this act unconstitutional stating that the legislative branch “In its sphere shall be independent of others” and that statue “Infringed too far on the constitutional power of the Executive branch”. The first statement started many arguments because it interfered with the checks and balance system our government has set up.

Time and time again the Supreme Court has back the constitution. Many smaller Appeals and District courts also ruled on the cases, these courts have been the/become final only because they have not been appealed to higher courts. However not all of these cases had to with if the power to pardon should even be held. In Murphy v. Ford, Murphy argued that the President should not be allowed to pardon before the person
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