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.

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What Is the Kitchen Like on the International Space Station?

iStock/Elen11
iStock/Elen11

Clayton C. Anderson:

The International Space Station (ISS) does not really have a "kitchen" as many of us here on Earth might relate to. But, there is an area called the "galley" which serves the purpose of allowing for food preparation and consumption. I believe the term "galley" comes from the military, and it was used specifically in the space shuttle program. I guess it carried over to the ISS.

The Russian segment had the ONLY galley when I flew in 2007. There was a table for three, and the galley consisted of a water system—allowing us to hydrate our food packages (as needed) with warm (tepid) or hot (extremely) water—and a food warmer. The food warmer designed by the Russians was strictly used for their cans of food (about the size of a can of cat food in America). The U.S. developed a second food warmer (shaped like a briefcase) that we could use to heat the more "flexibly packaged" foodstuffs (packets) sent from America.

Later in the ISS lifetime, a second galley area was provided in the U.S. segment. It is positioned in Node 1 (Unity) and a table is also available there for the astronauts' dining pleasures. Apparently, it was added because of the increasing crew size experienced these days (6), to have more options. During my brief visit to ISS in 2010 (12 days or so) as a Discovery crewmember, I found the mealtimes to be much more segregated than when I spent five months on board. The Russians ate in the Russian segment. The shuttle astronauts ate in the shuttle. The U.S. ISS astronauts ate in Node 1, but often at totally different times. While we did have a combined dinner in Node 1 during STS-131 (with the Expedition 23 crew), this is one of the perceived negatives of the "multiple-galley" scenario. My long duration stint on ISS was highlighted by the fact that Fyodor Yurchikhin, Oleg Kotov, and I had every single meal together. The fellowship we—or at least I—experienced during those meals is something I will never, ever forget. We laughed, we argued, we celebrated, we mourned …, all around our zero-gravity "dinner table." Awesome stuff!

This post originally appeared on Quora. Click here to view.

Clayton "Astro Clay" Anderson is an astronaut, motivational speaker, author, and STEAM education advocate.

His award-winning book The Ordinary Spaceman, Astronaut Edition Fisher Space Pen, and new children's books A is for Astronaut; Blasting Through the Alphabet and It's a Question of Space: An Ordinary Astronaut's Answers to Sometimes Extraordinary Questions are available at www.AstroClay.com. For speaking events www.AstronautClayAnderson.com. Follow @Astro_Clay #WeBelieveInAstronauts

What Do the Numbers and Letters on a Boarding Pass Mean?

iStock.com/Laurence Dutton
iStock.com/Laurence Dutton

Picture this: You're about to embark on a vacation or business trip, and you have to fly to reach your destination. You get to the airport, make it through the security checkpoint, and breathe a sigh of relief. What do you do next? After putting your shoes back on, you'll probably look at your boarding pass to double-check your gate number and boarding time. You might scan the information screen for your flight number to see if your plane will arrive on schedule, and at some point before boarding, you'll also probably check your zone and seat numbers.

Aside from these key nuggets of information, the other letters and numbers on your boarding pass might seem like gobbledygook. If you find this layout confusing, you're not the only one. Designer and creative director Tyler Thompson once commented that it was almost as if "someone put on a blindfold, drank a fifth of whiskey, spun around 100 times, got kicked in the face by a mule … and then just started puking numbers and letters onto the boarding pass at random."

Of course, these seemingly secret codes aren't exactly secret, and they aren't random either. So let's break it down, starting with the six-character code you'll see somewhere on your boarding pass. This is your Passenger Name Reference (or PNR for short). On some boarding passes—like the one shown below—it may be referred to as a record locator or reservation code.

A boarding pass
Piergiuliano Chesi, Wikimedia Commons // Public domain

These alphanumeric codes are randomly generated, but they're also unique to your personal travel itinerary. They give airlines access to key information about your contact information and reservation—even your meal preferences. This is why it's ill-advised to post a photo of your boarding pass to social media while waiting at your airport gate. A hacker could theoretically use that PNR to access your account, and from there they could claim your frequent flier miles, change your flight details, or cancel your trip altogether.

You might also see a random standalone letter on your boarding pass. This references your booking class. "A" and "F," for instance, are typically used for first-class seats. The letter "Y" generally stands for economy class, while "Q" is an economy ticket purchased at a discounted rate. If you see a "B" you might be in luck—it means you could be eligible for a seat upgrade.

There might be other letters, too. "S/O," which is short for stopover, means you have a layover that lasts longer than four hours in the U.S. or more than 24 hours in another country. Likewise, "STPC" means "stopover paid by carrier," so you'll likely be put up in a hotel free of charge. Score!

One code you probably don’t want to see is "SSSS," which means your chances of getting stopped by TSA agents for a "Secondary Security Screening Selection" are high. For whatever reason, you've been identified as a higher security risk. This could be because you've booked last-minute or international one-way flights, or perhaps you've traveled to a "high-risk country." It could also be completely random.

Still confused? For a visual of what that all these codes look like on a boarding pass, check out this helpful infographic published by Lifehacker.

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