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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12 Perfectly Spooky Halloween Decorations Under $25

Amazon/shopDisney
Amazon/shopDisney

Halloween is right around the corner—which means it’s officially time to bring out the jack-o'-lanterns, watch scary movies, buy your costume(s), and hang up your festive decorations. Although there are thousands of decorations to choose from, you don’t have to blow your budget while decking out your house or apartment in honor of the spooky season this year. With a little guidance, you'll find plenty of ways to create the perfect ambiance at home without going for broke. (And best of all, you can put the money you saved toward extra Halloween candy to stash away.)

From giant spiders to hanging ghosts and lawn decorations, here are a few of our favorite props under $25.

1. Halloween Pillow Covers (4-Pack); $17

ZJHAI/Amazon

These adorable Halloween-themed pillowcases make the perfect accessory for any couch, sofa, or mattress. Made with thick linen fabric, these are durable, sturdy, and designed to last for seasons to come. (Tip: To prevent the zipper from breaking, fold the pillow in half before inserting.)

Buy it: Amazon

2. Black Lace Spiderweb Fireplace Mantle; $12

Aerwo/Amazon

This versatile spiderweb prop is made with 100-percent polyester, and its knit lace spiderweb pattern adds a spooky touch to any home. Display it on your doorway, across your fireplace mantel, or atop your table. (It also makes a great backdrop for Halloween photo ops.)

Buy it: Amazon

3. Statement Halloween Signs; $16

Dazonge/Amazon

These festive, statement-making banners come pre-assembled, making them incredibly easy to install. They’re also weather-resistant and washable for both outdoor and indoor use. Use tape, push-pins, or weights to prevent the signs from blowing away.

Buy it: Amazon

4. Jack Skellington and Sally Plush Dolls; $23 (Each)

Disney

Celebrate your favorite holiday with a pair of adorable Jack Skellington and Sally plush dolls from Tim Burton’s The Nightmare Before Christmas. Jack stands at 28 inches tall, while Sally is a bit shorter at 21 inches. Set them up on your sofa or against the window sill for all to see.

Buy them: Disney Shop (Jack and Sally)

5. Halloween Zombie Groundbreaker; $22

Joyin/Amazon

This spooktacular zombie lawn decoration is sure to scare all of your friends, family, and neighbors alike. Made with a combination of latex, plastic, and fabric, this durable Halloween prop is sure to last for years to come.

Buy it: Amazon

6. Hanging Ghost Decoration; $14

Moon Boat/Amazon

Drape this handmade, 14-foot-long hanging ghost decoration over your porch, doorway, or window. You can also hang it outdoors over a tree or a (very tall) bush. And, since it comes pre-assembled, you won’t have to waste time constructing it yourself.

Buy it: Amazon

7. Two-Piece Hanging Ghost Set; $17

GeeFuun/Amazon

This pair of ghosts adds a whimsical touch to any home. While they’re not “scary,” per se, they certainly are adorable. Display them in your front yard, on your porch, on a lamppost, or a tree. To hang, simply tie the ribbons and bend the wires, arms, and tails.

Buy it: Amazon

8. Pumpkin String Lights; $19

Eurus Home/Amazon

Not only are these solar-powered, 33-foot-long LED string lights good for the environment, they’re also incredibly easy to install (no long, tangly power cable chords necessary). Since they’re waterproof, you can use them both indoors and outdoors. Choose from eight different light settings, including twinkling, flashing, fading, and more.

Buy it: Amazon

9. Inflatable Ghost; $22

Joiedomi/Amazon

This adorable inflatable ghost (which dons a cute-as-can-be wizard hat!) features built-in LED lights and sandbags to help it stay sturdy. It also comes complete with a plug, extended cords, ground stakes, and fastened ropes. Simply plug it in and watch it magically inflate within just a few minutes.

Buy it: Amazon

10. Graveyard Tombstones; $17

meiguisha/Amazon

Turn your front lawn into a graveyard with this six-piece set. Each tombstone is made with foam and designed to add a touch of spookiness to your space. To install, insert one holder into the bottom of the tombstone, and one into the soil. You can use these indoors, as well.

Buy it: Amazon

11. 10-Piece Skeleton Set; $24

Fun Little Toys/Amazon

This skeleton set includes a skull, hands and arms, and legs and feet—plus five stakes to hold everything in place. Each “bone” and “joint” is flexible, allowing you to prop the skeleton into different frighteningly fun poses. Simply place the stakes into the bone socket and turn clockwise.

Buy it: Amazon

12. Outdoor Spider Web; $18

amenon/Amazon

This giant, ultra-stretchy spider web spans a whopping 23 feet. It also includes a 30-inch black spider, 20 pieces of fake spiders, one hook, and one nail. Its thick polyester rope—combined with the sturdy stakes—allows the spider web to stay in place all season long. Place the hook on a wall or tree, and expand the web using the stakes.

Buy it: Amazon

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Why Do We Say 'Trick or Treat' on Halloween?

"Give us candy, or else!"
"Give us candy, or else!"
kali9/iStock via Getty Images

Each Halloween, hordes of costumed kids trudge from door to door exclaiming the same phrase at each stop: “Trick or treat!” It’s really a treat-only affair, since adults always shell out candy and children rarely have tricks up their sleeves (except perhaps for those dressed as magicians). In other words, they may as well save half a breath and simply shout “Treat!”

So, where did the term come from?

Halloween Hijinks

Halloween wasn’t always about cosplay and chocolate bars. During the 19th century, Irish and Scottish children celebrated the holiday by wreaking (mostly harmless) havoc on their neighbors—jamming hot cabbage into a keyhole to stink up someone’s house, frightening passersby with turnips carved to look ghoulish, etc.

According to History.com, kids didn’t give up that annual mischief when they immigrated to the U.S., and Americans happily co-opted the tradition. Toppled outhouses and trampled vegetable gardens soon gave way to more violent hijinks—like the time a Kansas woman almost died in a car crash after kids rubbed candle wax on streetcar tracks, for example—and these pranks escalated during the Great Depression.

Almost as terrifying as a turnip.London Stereoscopic Company/Hulton Archive/Getty Images

In short, tricks were a huge part of Halloween throughout the early 20th century. So, too, were treats. For All Souls’ Day in the Middle Ages, people went door-to-door offering prayers for the dead in exchange for food or money, a tradition known as souling. A similar custom from 19th-century Scotland, called guising, entailed exchanging jokes or songs for goodies. While it’s not proven that modern treat-begging is directly derived from either souling or guising, the practice of visiting your neighbors for an edible handout around Halloween has existed in some form or another for centuries.

Canada Coins a Catchphrase

With tricks and treats on everyone’s minds come October, it was only a matter of time before someone combined them into a single catchphrase. Based on the earliest known written references to trick or treat, this may have happened in Canada during the 1920s. As Merriam-Webster reports, a Saskatchewan newspaper first mentioned the words together in an article from 1923. “Hallowe’en passed off very quietly here,” it read. "'Treats' not 'tricks' were the order of the evening." By 1927, young trick-or-treaters had adopted the phrase themselves.

"Hallowe’en provided an opportunity for real strenuous fun," Alberta’s Lethbridge Herald reported in 1927. "No real damage was done except to the temper of some who had to hunt for wagon wheels, gates, wagons, barrels, etc., much of which decorated the front street. The youthful tormentors were at back door and front demanding edible plunder by the word 'trick or treat,' to which the inmates gladly responded and sent the robbers away rejoicing."

The phrase appeared in Michigan’s Bay City Times the following year, describing how children uttered "the fatal ultimatum 'Tricks or treats!'" to blackmail their neighbors into handing out sweets.

Donald Duck's Endorsement

Sugar rationing brought trick-or-treating to a temporary halt during World War II, but the tradition (and the phrase itself) had gained popularity once again by the early 1950s—with some help from candy companies and a few beloved pop culture characters. Charles Schulz depicted the Peanuts gang cavorting around town in costume for a Halloween comic strip in 1951; and Huey, Dewey, and Louie got to go trick-or-treating in a 1952 Donald Duck cartoon titled Trick or Treat.

Fortunately, the treat part of the phrase has thoroughly overtaken the trick part. But if you stuff rank cabbage in your neighbor’s keyhole this Halloween, we won’t tell.

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