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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Why Do Fruitcakes Last So Long?

iStock
iStock

Fruitcake is a shelf-stable food unlike any other. One Ohio family has kept the same fruitcake uneaten (except for periodic taste tests) since it was baked in 1878. In Antarctica, a century-old fruitcake discovered in artifacts left by explorer Robert Falcon Scott’s 1910 expedition remains “almost edible,” according to the researchers who found it. So what is it that makes fruitcake so freakishly hardy?

It comes down to the ingredients. Fruitcake is notoriously dense. Unlike almost any other cake, it’s packed chock-full of already-preserved foods, like dried and candied nuts and fruit. All those dry ingredients don’t give microorganisms enough moisture to reproduce, as Ben Chapman, a food safety specialist at North Carolina State University, explained in 2014. That keeps bacteria from developing on the cake.

Oh, and the booze helps. A good fruitcake involves plenty of alcohol to help it stay shelf-stable for years on end. Immediately after a fruitcake cools, most bakers will wrap it in a cheesecloth soaked in liquor and store it in an airtight container. This keeps mold and yeast from developing on the surface. It also keeps the cake deliciously moist.

In fact, fruitcakes aren’t just capable of surviving unspoiled for months on end; some people contend they’re better that way. Fruitcake fans swear by the aging process, letting their cakes sit for months or even years at a stretch. Like what happens to a wine with age, this allows the tannins in the fruit to mellow, according to the Wisconsin bakery Swiss Colony, which has been selling fruitcakes since the 1960s. As it ages, it becomes even more flavorful, bringing out complex notes that a young fruitcake (or wine) lacks.

If you want your fruitcake to age gracefully, you’ll have to give it a little more hooch every once in a while. If you’re keeping it on the counter in advance of a holiday feast a few weeks away, the King Arthur Flour Company recommends unwrapping it and brushing it with whatever alcohol you’ve chosen (brandy and rum are popular choices) every few days. This is called “feeding” the cake, and should happen every week or so.

The aging process is built into our traditions around fruitcakes. In Great Britain, one wedding tradition calls for the bride and groom to save the top tier of a three-tier fruitcake to eat until the christening of the couple’s first child—presumably at least a year later, if not more.

Though true fruitcake aficionados argue over exactly how long you should be marinating your fruitcake in the fridge, The Spruce says that “it's generally recommended that soaked fruitcake should be consumed within two years.” Which isn't to say that the cake couldn’t last longer, as our century-old Antarctic fruitcake proves. Honestly, it would probably taste OK if you let it sit in brandy for a few days.

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What’s the Difference Between Crocheting and Knitting?

djedzura/iStock via Getty Images
djedzura/iStock via Getty Images

With blustery days officially upon us, the most pressing question about your sweaters, scarves, hats, and mittens is probably: “Are these keeping me warm?” If you’re a DIY enthusiast, or just a detail-oriented person in general, your next question might be: “Were these knitted or crocheted?”

Knitting and crocheting are both calming crafts that involve yarn, produce cozy garments and other items, and can even boost your mental well-being. Having said that, they do have a few specific differences.

To knit, you need needles. The size, material, and number of those needles depends on the project; though most traditional garments are made using two needles, it’s also possible to knit with just one needle, or as many as five. But regardless of the other variables, one or both ends of your knitting needles will always be pointed.

While crocheting calls for a similar long, thin tool that varies in size and material, it has a hooked end—and you only ever need one. According to The Spruce Crafts, even if you hear people refer to the tool as a crochet needle, they’re really talking about a crochet hook.

crotchet hook and garment
jessicacasetorres/iStock via Getty Images

Part of the reason you only use one hook brings us to the next difference between crocheting and knitting: When crocheting, there’s only one “active loop” on your hook at any given time, whereas knitting entails lining up loops down the length of your needles and passing them between needles. The blog Darn Good Yarn explains that since each loop is attached to a long row of stitches, accidentally “dropping” one off the end of your needle might unravel the entire row.

Of course, you have a better chance of avoiding that type of manual error if you’re using a knitting machine or loom, which both exist. Crocheting, on the other hand, has to be done by hand. Since machines can create garments with extremely small stitches, some knit clothes can be much more lightweight or close-fitting than anything you’d be able to crochet—and knitted clothes can also be mass-produced.

When it comes to what the items actually look like, crochet stitches characteristically look more like knots, while knit stitches seem flatter and less bulky. However, materials and techniques have come a long way over the years, and now there’s more crossover between what you’re able to knit and crochet. According to The Spruce Crafts, socks and T-shirts—traditionally both garments that would be knitted—can now technically be crocheted.

knitting needles and garment
Sedan504/iStock via Getty Images

And, believe it or not, knitting and crocheting can even be used to depict complicated mathematical concepts: see what a crocheted hyperbolic plane, Lorenz manifold, and more look like here.

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