PRESIDENTIAL CLEMENCY AND THE RESTORATION OF CIVIL RIGHTS - APPRAISING THE CONSEQUENCES OF A FULL ARTICLE 2 PARDON

• NCJ Number: 37550
• Journal: Iowa Law Review Volume: 61 Issue: 5 Dated: (JUNE 1976) Pages: 1427-1445
• Author(s): ANON
• Date Published: 1976
• Length: 19 pages
• Corporate Author: University of Iowa
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

IN BJERKAN V. UNITED STATES (1975), THE SEVENTH CIRCUIT COURT OF APPEALS HELD THAT A FULL PRESIDENTIAL PARDON, GRANTED TO A FEDERAL FELON, RESTORES ALL BASIC FEDERAL AND STATE CIVIL RIGHTS.

Abstract

PRIOR TO THIS RULING, CERTAIN STATE RIGHTS FORFEITED UPON CONVICTION OF A FELONY HAD BEEN HELD TO BE BEYOND THE RESTORATIVE REACH OF THE PRESIDENT'S PARDONING POWER. THIS COMMENT EXAMINES AND EVALUATES BOTH THE POLICIES UNDERLYING THE SEVENTH CIRCUIT'S HOLDING AND THE REASONING AND CONCLUSIONS REACHED BY THE COURT. A HISTORICAL OVERVIEW OF THE PARDONING POWER IN THE UNITED STATES IS PRESENTED AS A FOUNDATION FOR THE ANALYSIS AND COMPARISON OF THE BJERKAN RATIONALE WITH THE ARGUMENTS TRADITIONALLY ADVANCED IN FAVOR OF ALLOWING ONLY A PARTIAL REINSTATEMENT OF CIVIL RIGHTS. FINALLY, AN ALTERNATIVE APPROACH TO ASCERTAINING THE SCOPE OF THE CIVIL RIGHTS RESTORED BY A PRESIDENTIAL PARDON IS SUGGESTED AND ITS POTENTIAL RAMIFICATIONS NOTED. THE PROPOSED SCHEME PERMITS DETERMINATIONS OF THE EXTENT TO WHICH A STATE MAY CIRCUMSCRIBE THE PARDONING POWER TO BE MADE ON THE BASIS OF TWO FACTORS: THE NATURE OF THE CONTINUING CIVIL DISABILITIES AND THE MORAL CHARACTER IMPLICATIONS STEMMING FROM CONVICTION OF THE PARDONED OFFENSE.