MBE Rules · Constitutional Law
Pardon Power
Art. II §2 cl. 1
The rule
The President may pardon federal offenses (not state crimes or civil liability, and not cases of impeachment); the power cannot be limited by Congress.
In plain English
The President has the authority to forgive individuals for federal crimes, which means they can eliminate the legal consequences of those offenses. However, this power does not extend to state crimes, civil matters, or cases involving impeachment.
Worked example
A man was convicted of a federal drug offense and sentenced to five years in prison. After serving two years, he applied for a pardon from the President, who granted it. As a result, the man's federal conviction was erased, and he was released from prison.
Memory hook
Presidential pardons wipe the slate clean for federal crimes, but not for state or impeachment issues.
The trap
Exams may include scenarios where students confuse federal pardons with state-level clemency or overlook the limitations on impeachment cases.
How examiners test it
Questions often present fact patterns involving federal offenses and ask whether a presidential pardon can be applied, testing the candidate's understanding of the scope and limitations of the pardon power.
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