In re Executive Orders 23 & 23-A 2022 SDSC 1
| Alternate citation | In re Executive Orders 23 & 23-A [2022] SDSC I |
|---|---|
| Date of judgment | 19th December 2022 |
| Justices | Chief Justice Literal Justice halfcat__ |
| Held | Executive Orders 23 and 23-A were unconstitutional as the President does not possess the power to pardon. |
| Ruling | 2-0 |
| Applicable precedent | The President does not have the power to pardon. |
Verdict
MAJORITY OPINION by Chief Justice Literal (with Justice halfcat__ agreeing)
Introduction
[1] Executive Orders 23 & 23A granted pardons from the president to citizens of SimDemocracy. The question before the court is whether the president is vested with the power to pardon by the Constitution. The clear answer is that the president does not have that power. Facts [2] Executive Order 23 simply stated:
Part I. All SimDem members who are currently in jail are hereby pardoned by the Office of the President for their past crimes against SimDemocracy. This pardon is conditional upon the recipients of this pardon not breaking any laws in the future while they are within the borders of SimDem. Those who break this conditionality will be punished accordingly.
Executive Order 23-A then granted a pardon for an individual citizen:
Part I. TwitchTot is hereby granted a presidential pardon from all crimes committed in the borders of SimDemocracy. This pardon does not excuse them from the consequences of their actions, but it does allow them to return to society without fear of immediate arrest.
Analysis
[3] There was no attempt by respondents to establish a legal basis for the actions of the President. The petitioners argue that the attempt to pardon violated Article 24, s2 of the Constitution because it bypassed due process. We disagree with this assessment. The section states that “no person shall be deprived of their liberty without due process of law.” Granting a pardon does the opposite of depriving a person of their liberty. Granting liberty without due process of law is not prohibited by this section, nor does this section vest that power to anyone.
[4] Despite this, the President still acted unconstitutionally. The Constitution grants the President primary executive authority. Executive authority is inferior to statutory and Constitutional law and the decisions of the Judiciary, of which criminal punishment belongs to. Any actions taken in contradiction to higher laws are invalid, therefore the President does not possess the power to pardon.
Conclusion
[5] The President’s pardons had no legitimate force of law behind them, and were thus an overstep of the powers granted to the President under Article 4 of the Constitution. The President of SimDemocracy does not have the power to grant pardons.
