No, the Constitution does not give the President the power to pardon a turkey – that is, unless the turkey committed an offense against the United States. The President could also pardon the turkey if its crimes were adjudicated in the District of Columbia Superior Court or military tribunal.
Under Article II, Section II of the Constitution, the President “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” This means the President can commute a sentence (reducing it totally or partially) or can pardon once the sentence is through (restoring civil rights like voting and sitting on a jury).
If the Thanksgiving turkey were a person, that turkey would have to send a petition to the Department of Justice’s Office of the Pardon. If the turkey committed a state crime, the turkey would need to petition the state or territorial governor for relief instead.
Presidential pardon is not a particularly common way of getting relief, so the turkey might want to exhaust the appeals process first.
EDIT: About.com collected some pretty hilarious pictures of President Obama looking awkward while pardoning a turkey. To be fair, if my hand were that close to that thing, I might look awkward, too. (N.b. Sasha’s face throughout.)
For more:
- The Constitution (from Archives.gov)
- 28 C.F.R. §§ 1.1 et seq. (via Legal Information Institute)
- Department of Justice, Office of the Pardon, Pardon Information and Instructions
- President Barack Obama: pardons granted and commutations of sentences
- President George W. Bush: pardons granted and commutations of sentence
Image courtesy WATTAgNet.com
The Law in Life 