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27 Presidential Stud. Q. 251 (1997)
Executive Clemency in the United States: Origins, Development, and Analysis (1900-1993)

handle is hein.journals/pstlssqty27 and id is 251 raw text is: Executive Clemency in the United States: Origins, Development, and Analysis (1900-1993) P. S. RUCKMAN, JR. Assistant Professor of Political Science (Public Law) Northern Illinois University The Constitution vests the President of the United States with power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment (art. ii, sec. 2). The granting of pardons, reprieves, and other manifestations of the clemency power have been variously described as entirely discretionary,'1 unilateral, notoriously non-reciprocal;'2 virtually unassailable3 absolute:4 and perhaps the most imperial of presidential powers.- On the other hand, these powers have also been described as anomalous6 delicate,' shrouded in mystery, and fraught with arbitrariness at a time when other aspects of our judicial system are becoming more open and fair pursuant to the dictates of the Due Process Clause. Academic discussions of the clemency power typically trace its interesting ori- gins and transformation in common law, its brief consideration at the Constitu- tional Convention, and subsequent developments in classic Supreme Court deci- sions.9 Other scholars have focused on the exercise of clemency in such areas of law as the death penalty,10 or have addressed more political concerns in highly pub- licized, controversial cases. Current examinations of the clemency power do how- ever share two common characteristics. They usually appear outside the social science journal format and rarely involve the analysis, or even presentation, of data. 12 This study briefly reviews the current literature with respect to the origins and development of executive clemency in the United States and explains proce- dural guidelines for federal clemency applications. An examination of the litera- ture's more prominent explanations for the actions of the president follows. Sum- mary statistics on clemency from the administration of William McKinley (in 1900) to that of George Bush are then provided. After a review of summary statistics more appropriate for comparative analysis (between administrations), attention is given to trends in clemency actions throughout the century. Concluding remarks address the importance of this study as well as the need for (and appropriateness of) multi- variate statistical analyses of clemency decision making. Origins and Development of Executive Clemency At common law, the king possessed broad powers to pardon offenses, with or without condition, either before or after indictment, conviction, and sen- © 1997 Presidential Studies Quarterly 27, no. 2 (Spring) 251