ABSTRACT
This chapter explores constitutional limitations on the power of the pardon, including provisions for unpardonable crimes. It compares provisions pertaining to posthumous pardons, jurisdictions impeachment, secret pardons, self-pardons, and conditional pardons. The impeachment exception, which became part of the Act of Settlement of 1701, exists today in the US federal constitution and many state constitutions. For historical reasons, many constitutions in the English-speaking world exempt impeachment of an elected official from the scope of the pardon power. Posthumous pardons existed at common law, though they have been extremely rare until modern times with recent examples involving wrongful convictions among others. Conditional pardons served the dual purpose of populating new colonies and removing unwanted criminals from the realm. The ability of the president to pardon treason was discussed at the Constitutional Convention, though the Framers ultimately opted to adopt the same unlimited power of the King of England with only the impeachment exception.
