Why does the president of the United States even have the right to pardon murderers, and does Congress have the veto power?

The president of the United States has the right of pardon, and murderers can be pardoned. The federal constitution of the United States gives the president the power to pardon all kinds of criminals, and the veto of Congress is invalid. Because congress and the courts have no right to review. This is stipulated in the federal constitution of the United States.

The Amnesty right of the president of the United States

The federal constitution of the United States gives the president the power to pardon all kinds of criminals. Amnesty is decided unilaterally by the president. Not only can it not be changed, but even Congress and the courts have no right to review it. Let's ask experts to introduce the historical background and practical application of presidential pardon in the United States.

* Legal basis and purpose *

As we all know, the American Constitution has adopted some reasonable contents of English common law and made it a part of American law. 1787, when the founding fathers of the United States formulated the federal constitution, they referred to the provisions of British law that King China or Queen could grant a person commutation or pardon, and wrote the presidential pardon into the American constitution. The second paragraph of Article 2 of the Constitution of the United States also stipulates that the President has the right to grant probation and pardon for crimes that endanger the United States, except impeachment cases.

The US Constitution checks and balances the powers of the executive, legislative and judicial departments. The purpose of presidential pardon is that if the president thinks that a federal conviction or sentence is too harsh or unreasonable, he has the right to cancel the conviction or weaken the influence of the sentence.

* How to explain? *

Presidential Amnesty includes probation, commutation and Amnesty.

The right of probation means that the president has the right to postpone the execution of a judgment, for example, he can postpone the execution of the death penalty for a period of time; Amnesty has a wider scope, which allows the president to cancel a criminal offence. In addition, the decision of the Federal Supreme Court added that in addition to pardoning criminal offences, the President can also grant commutation.

The US Constitution only talks about probation and pardon, but the ruling of the US Supreme Court interprets presidential pardon as amnesty, conditional pardon, commutation, conditional commutation, amnesty, probation and exemption from fines. President Bush used commutation in the Libby case, which enabled him to postpone or cancel the sentence. Many presidents have used this power in the past.

* No need to explain why, but the weight is limited *

Article 2 of the Constitution of the United States authorizes the President to pardon those who violate federal laws. According to the federal system of the United States, the president has no jurisdiction over prisoners in each state, but only over prisoners at the federal level. Therefore, the president can pardon those convicted in federal courts, but not those convicted in state courts.

The federal constitution imposes some restrictions on the president's power of pardon. For example, he can only grant Amnesty to federal crimes, not to state crimes, and not to impeachment-related cases. In addition, there are no other restrictions on the president's Amnesty right. The president can pardon anyone, no matter what crime he has committed or whether there is a reason for pardon.

* Have the right to use amnesty with caution. *

Many American presidents have exercised their constitutional pardon. For example, President Madison pardoned a group of pirates, and President Lincoln pardoned a group of people who sympathized with the South during the Civil War. In addition, after the Vietnam War, some people who evaded military service were granted Amnesty.

* Help prisoners turn over a new leaf *

If someone commits a crime when he is young, but has been doing well for the next 20 years, the president can pardon this person to eliminate the negative effects of criminal offences. In some states, people who have committed certain crimes are not allowed to hold public office, and sometimes they are deprived of the right to hold guns or vote. Therefore, Amnesty will abolish criminal offences and enable criminals to regain their basic rights to participate in society and democracy. The president of the United States used the power of Amnesty to pardon many unknown people.

* Make up for an unjust verdict *

Daniel Kirby, a professor at Ohio Capital University Law School, pointed out that presidential pardon provides a safety valve for possible judicial injustice. He said: "American law recognizes that any legal system needs a safety valve or exception protection for severe punishment, because any law may lead to unfair results. Giving the president the power of pardon is to realize that the legal system implemented by human beings is not perfect. Therefore, it is very important to realize with a realistic attitude that we are all human beings, we all make mistakes, and sometimes we can't achieve our expected goals. "

Links to reference materials

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