Answer :
No, a president cannot pardon a convicted murderer under Texas state law. Presidential pardon powers extend only to federal offenses, not to state crimes. For state crimes, including those in Texas, only the state governor has the authority to grant pardons.
Under the U.S. Constitution, the President of the United States has the power to grant pardons for federal crimes, as outlined in Article II, Section 2, which states that the president "shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." This authority is limited strictly to federal offenses, which are violations of laws enacted by the federal governmen.
Crimes committed in violation of state laws, such as a murder prosecuted under Texas state law, fall under the jurisdiction of the state in which the crime was committed. Each state has its own legal framework and executive authority for granting pardons.
In Texas, the governor holds the power to grant clemency, including pardons, reprieves, and commutations of sentences, upon the recommendation of the Texas Board of Pardons and Paroles.
Therefore, a convicted murderer under Texas state law could only be pardoned by the governor of Texas, not the president. This separation ensures that the president's pardon power does not interfere with state-level judicial proceedings and maintains the federal structure of the U.S. legal syste
The President cannot pardon a person convicted of murder under the state law of Texas.
The Constitution grants the President the power to pardon certain people who are guilty of offenses. There are however some limits to this power such as:
- the pardon can only be granted to people who committed federal crimes
- the pardon cannot be used on civil offenders
- the pardon cannot be used in a Presidential impeachment
As per the first point, the presidential pardon cannot be used unless it is a federal crime. The murder was under Texas law so the President cannot pardon the person.
In conclusion, the President can only pardon criminals convicted under federal law. The prisoner can however, be pardoned by the governor of Texas.
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