Can a Person Refuse a Presidential Pardon?

Harris & Ewing, Inc., Public Domain, Wikimedia Commons
Harris & Ewing, Inc., Public Domain, Wikimedia Commons

Presidential pardons have been in the news, which has led to an onslaught of questions about just how far a president's pardoning powers extend—and what would happen if the person being offered the pardon declined it altogether? Is such a thing even possible, or does the pardoned individual in question have no choice in the matter? Believe it or not, it's an issue that has come up a few times over the past two centuries—and the answer isn't exactly a clear-cut one.

To fully answer the question, first an important distinction has to be made between commutation and pardoning. Both are part of the pardoning powers given to the president, but differ in levels. Speaking to ABC News, Randy Barnett, a professor at Georgetown University, explained that "Pardon is an 'executive forgiveness of crime'; commutation is an ‘executive lowering of the penalty.'" And the answer to the question depends on that distinction.

UNITED STATES V. WILSON

In 1833 the Supreme Court heard the case of the United States v. George Wilson. On May 27, 1830, Wilson and co-conspirator James Porter were both sentenced to death after being convicted of robbing a U.S. postal worker and putting the carrier’s life in jeopardy. While Porter was executed just over a month later, on July 2, 1830, Wilson managed to escape the sentence. President Andrew Jackson decided to pardon Wilson for the death penalty charge on the understanding that he had yet to be sentenced for other crimes (for which he was looking at a minimum of 20 years). For some reason Wilson waived the pardon, possibly because of confusion about what case he was being tried for at the time and what cases the pardon was for.

In 1833, the Supreme Court ultimately weighed in on the issue, ruling “A pardon is a deed, to the validity of which delivery is essential, and delivery is not complete without acceptance. It may then be rejected by the person to whom it is tendered, and if it be rejected, we have discovered no power in a court to force it on him.” (Strangely, the details of whether or not Wilson was ever executed are lost to time.)

BURDICK V. UNITED STATES

This right of refusal was affirmed in 1915. George Burdick, city editor of the New York Tribune, refused to testify regarding sources for articles on alleged custom fraud by invoking his Fifth Amendment rights [PDF]. President Woodrow Wilson then gave a pardon to Burdick, protecting him from any charge he may incriminate himself of during his testimony. The idea behind the pardon was to force Burdick to testify, under the theory that he could no longer be convicted for any acts he may reveal. But Burdick rejected the pardon, continued to invoke his rights, and was found guilty of contempt.

The Supreme Court ruled that Burdick was within his rights to refuse the pardon and as such he did not lose his Fifth Amendment rights.

BIDDLE V. PEROVICH

A 1927 ruling added a new wrinkle to the pardoning issue. In 1905, Vuco Perovich was sentenced to hang for murder, which President Taft commuted to life imprisonment a few years later. Perovich was then transferred from Alaska to Washington, and later to Leavenworth. Perovich eventually filed an application for writ of habeas corpus, claiming that his commutation was done without his consent. The Supreme Court ultimately ruled that "the convict’s consent is not required."

This ruling has led decades of legal scholars to wonder if the Perovich ruling overturned these earlier cases, with Supreme Court Justice Oliver Wendell Holmes Jr. arguing “Whether these words sound the death knell of the acceptance doctrine is perhaps doubtful. They seem clearly to indicate that by substantiating a commutation order for a deed of pardon, a President can always have his way in such matters, provided the substituted penalty is authorized by law and does not in common understanding exceed the original penalty" [PDF].

In other words: You may be able to refuse a pardon, but you would not be able to refuse a commutation.

Have you got a Big Question you'd like us to answer? If so, let us know by emailing us at bigquestions@mentalfloss.com.

Why Are There 10 Hot Dogs to a Pack But Only 8 Buns?

tacar/iStock via Getty Images
tacar/iStock via Getty Images

Watching competitive eating champion Joey Chestnut cram dozens of hot dogs down his throat would make anyone crave a grilled log of processed meat this summer. But shopping for hot dogs can be a confusing experience. The dogs are typically sold in packs of 10, but the buns are sold in packs of eight. What's behind this strange dog and bun inequality?

According to the National Hot Dog and Sausage Council—yes, there is a National Hot Dog and Sausage Council—there’s a good reason for the discrepancy. For starters, distributors of hot dogs are almost always different from manufacturers of baked goods like rolls. The hot dogs are sold in packs of 10 because producers of meat (or meat-like) products selected that quantity when hot dogs started to sell at retail grocery stores in the 1940s. Oscar Mayer, which led the charge into direct-to-consumer hot dog packaging, sold hot dogs by the pound in accordance with how meat is typically priced. Having 10 dogs that weighed 1.6 ounces each seemed like the ideal distribution of weight.

Bakeries, meanwhile, have standards of their own. Buns and sandwich rolls are usually sold eight to a pack because the baking trays for the elongated buns are typically sized to fit that number. Two sets of four buns come off the tray, which is the reason why buns are often still attached to one another when you open a bag.

These standards were created independently of one another: Bakeries weren’t too preoccupied with hot dogs when they were settling on a four-roll tray standard, and hot dog manufacturers weren’t thinking about how difficult it would be for bakeries to break from their conveyor system to offer 10 buns to a pack.

It can be frustrating if you buy just one or two packages of each, but if you’re hosting a big enough party, the uneven number doesn’t matter. You just need to buy five packages of buns and four packages of hot dogs to have 40 matching pairs. No complicated calculations required.

Have you got a Big Question you'd like us to answer? If so, let us know by emailing us at bigquestions@mentalfloss.com.

When Are the Dog Days of Summer?

Dorottya_Mathe/iStock via Getty Images
Dorottya_Mathe/iStock via Getty Images

The official “dog days” of summer begin on July 3 and end on August 11. So how did this time frame earn its canine nickname? It turns out the phrase has nothing to do with the poor pooches who are forever seeking shade in the July heat, and everything to do with the nighttime sky.

Sirius, the Dog Star, is the brightest star in the sky. The ancient Greeks noticed that in the summer months, Sirius rose and set with the Sun, and they theorized that it was the bright, glowing Dog Star that was adding extra heat to the Earth in July and August.

Have you got a Big Question you'd like us to answer? If so, let us know by emailing us at bigquestions@mentalfloss.com.

SECTIONS

arrow
LIVE SMARTER