The Pardon Power Has No State Lines: SCOTUS Must Decide Tina Peters’ Fate Once And For All

Alexander Muse – The question is simple, although its implications reach deep into the structure of the American constitutional order. Is the president’s pardon power confined to violations of federal statutes, or does it extend to state criminal offenses when the underlying conduct implicates the national interest?

Many scholars assume the narrow view without argument. Yet the text of the Constitution, the early Supreme Court cases that interpreted it, and the long sweep of historical practice all point toward a broader understanding. This broader view, once grasped, reveals a simple truth.

The president’s pardon power was designed to cut across jurisdictional lines when the welfare of the nation requires it. The case of Tina Peters, who remains in a Colorado prison despite a full and unconditional presidential pardon, shows precisely why that design matters today, and why the Supreme Court must now settle the question once and for all. Continue reading →