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However, such arguments have been disputed, and since the Supreme Court has issued constitutional rulings that affirmed the president's "unlimited" pardon power, a constitutional amendment or a Supreme Court decision on a self-pardon would be required to settle the constitutionality of a self-pardon. [46]
The Supreme Court said, "[a] pardon in our days is not a private act of grace from an individual happening to possess power. It is a part of the Constitutional scheme. When granted it is the determination of the ultimate authority that the public welfare will be better served by inflicting less than what the judgment fixed."
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law.
The nomination and confirmation of justices to the Supreme Court of the United States involves several steps, the framework for which is set forth in the United States Constitution. Specifically, Article II, Section 2, Clause 2 , provides that the president of the United States nominates a justice and that the United States Senate provides ...
United States v. Klein, 80 U.S. (13 Wall.) 128 (1871), [1] was a landmark United States Supreme Court case stemming from the American Civil War (1861–1865) where Chief Justice Salmon P. Chase held that a Congressional statute "impairing the effect of a pardon, and thus infringing the constitutional power of the Executive" and was unconstitutional.
Ex parte Grossman, 267 U.S. 87 (1925), was a US Supreme Court case that held that the US President may pardon criminal contempt of court. [1] [2] Grossman had been convicted of criminal contempt but was pardoned by the President. The district court subsequently sent him back to prison.
The Supreme Court is the only federal court that is explicitly established by the Constitution. During the Constitutional Convention, a proposal was made for the Supreme Court to be the only federal court, having both original jurisdiction and appellate jurisdiction. This proposal was rejected in favor of the provision that exists today.
O'Connor v. Donaldson, 422 U.S. 563 (1975), was a landmark decision of the US Supreme Court in mental health law ruling that a state cannot constitutionally confine a non-dangerous individual who is capable of surviving safely in freedom by themselves or with the help of willing and responsible family members or friends.