|
|
Burdick v. United States, 236 U.S. 79 (1915)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Burdick v. United States, 236 U.S. 79 (1915)
Burdick v. United States No. 471 Argued December 16, 1914 Decided January 25, 1915 236 U.S. 79
ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
Acceptance, as well as delivery, of a pardon is essential to its validity; if rejected by the person to whom it is tendered, the court has no power to force it on him. United States v. Wilson, 7 Pet. 150.
Quaere whether the President of the United States may exercise the pardoning power before conviction.
A witness may refuse to testify on the ground that his testimony may have an incriminating effect, notwithstanding the President offers, and he refuses, a pardon for any offense connected with the matters in regard to which he is asked to testify.
There are substantial differences between legislative immunity and a pardon; the latter carries an imputation of guilt and acceptance of a confession of it, while the former is noncommittal, and tantamount to silence of the witness.
There is a distinction between amnesty and pardon; the former overlooks the offense, and is usually addressed to crimes against the sovereignty of the state and political offenses, the latter remits punishment and condones infractions of the peace of the state.
211 F. 492 reversed.
The facts, which involve the effect of a pardon of the President of the United States tendered to one who has not been convicted of a crime nor admitted the commission thereof, and also the necessity of acceptance of a pardon in order to make it effective, are stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Burdick v. United States, 236 U.S. 79 (1915) in 236 U.S. 79 236 U.S. 84. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=92X8S7JK2XE1PWH.
MLA: U.S. Supreme Court. "Syllabus." Burdick v. United States, 236 U.S. 79 (1915), in 236 U.S. 79, page 236 U.S. 84. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=92X8S7JK2XE1PWH.
Harvard: U.S. Supreme Court, 'Syllabus' in Burdick v. United States, 236 U.S. 79 (1915). cited in 1915, 236 U.S. 79, pp.236 U.S. 84. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=92X8S7JK2XE1PWH.
|