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 lately, 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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Presidents Day vs. President's Day vs. Presidents' Day: Which One Is It?

iStock
iStock

Happy Presidents’ Day! Or is it President’s Day? Or Presidents Day? What you call the national holiday depends on where you are, who you’re honoring, and how you think we’re celebrating.

Saying "President’s Day" implies that the day belongs to a singular president, such as George Washington or Abraham Lincoln, whose birthdays are the basis for the holiday. On the other hand, referring to it as "Presidents’ Day" means that the day belongs to all of the presidents—that it’s their day collectively. Finally, calling the day "Presidents Day"—plural with no apostrophe—would indicate that we’re honoring all POTUSes past and present (yes, even Andrew Johnson), but that no one president actually owns the day.

You would think that in the 140 years since "Washington’s Birthday" was declared a holiday in 1879, someone would have officially declared a way to spell the day. But in fact, even the White House itself hasn’t chosen a single variation for its style guide. They spelled it “President’s Day” here and “Presidents’ Day” here.


Wikimedia Commons // Public Domain

Maybe that indecision comes from the fact that Presidents Day isn’t even a federal holiday. The federal holiday is technically still called “Washington’s Birthday,” and states can choose to call it whatever they want. Some states, like Iowa, don’t officially acknowledge the day at all. And the location of the punctuation mark is a moot point when individual states choose to call it something else entirely, like “George Washington’s Birthday and Daisy Gatson Bates Day” in Arkansas, or “Birthdays of George Washington and Thomas Jefferson” in Alabama. (Alabama loves to split birthday celebrations, by the way; the third Monday in January celebrates both Martin Luther King Jr. and Robert E. Lee.)

You can look to official grammar sources to declare the right way, but even they don’t agree. The AP Stylebook prefers “Presidents Day,” while Chicago Style uses “Presidents’ Day.”

The bottom line: There’s no rhyme or reason to any of it. Go with what feels right. And even then, if you’re in one of those states that has chosen to spell it “President’s Day”—Washington, for example—and you use one of the grammar book stylings instead, you’re still technically wrong.

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Full vs. Queen Mattress: What's the Difference?

iStock.com/IPGGutenbergUKLtd
iStock.com/IPGGutenbergUKLtd

If you’re in the market for a new mattress this Presidents Day weekend (the holiday is traditionally a big one for mattress retailers), one of the first decisions you’ll need to make is regarding size. Most people know a king mattress offers the most real estate, but the difference between a full-sized mattress and a queen-sized one provokes more curiosity. Is it strictly a matter of width, or are depth and length factors? Is there a recommended amount of space for each slumbering occupant?

Fortunately, mattress manufacturers have made things easier by adhering to a common set of dimensions, which are sized as follows:

Crib: 27 inches wide by 52 inches long

Twin: 38 inches wide by 75 inches long

Full: 53 inches wide by 75 inches long

Queen: 60 inches wide by 80 inches long

King: 76 inches wide by 80 inches long

Depth can vary across styles. And while you can find some outliers—there’s a twin XL, which adds 5 inches to the length of a standard twin, or a California king, which subtracts 4 inches from the width and adds it to the length—the four adult sizes listed above are typically the most common, with the queen being the most popular. It's 7 inches wider than a full (sometimes called a “double”) mattress and 5 inches longer.

In the 1940s, consumers didn’t have as many options. Most people bought either a twin or full mattress. But in the 1950s, a post-war economy boost and a growing average height for Americans contributed to an increasing demand for larger bedding.

Still, outsized beds were a novelty and took some time to fully catch on. Today, bigger is usually better. If your bed is intended for a co-sleeping arrangement with a partner, chances are you’ll be looking at a queen. A full mattress leaves each occupant only 26.5 inches of width, which is actually slightly narrower than a crib mattress intended for babies and toddlers. A queen offers 30 inches, which is more generous but still well below the space provided by a person sleeping alone in a twin or full. For maximum couple comfort, you might want to consider a king, which is essentially like two twin beds being pushed together.

Your preference could be limited by the size of your bedroom—you might not be able to fit a nightstand on each side of a wider bed, for example—and whether you’ll have an issue getting a larger mattress up stairs and/or around tricky corners. Your purchase will also come down to a laundry list of options like material and firmness, but knowing which size you want helps narrow down your choices.

One lingering mystery remains: Why do we tend to shop for mattresses on Presidents Day weekend? One reason could be time. The three-day weekend is one of the first extended breaks since the December holidays, giving people an opportunity to trial different mattress types and deliberate with a partner. Shopping Saturday and Sunday allows people to sleep on it before making a decision.

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