Can a new governor reverse pardon of previous governors

In the United States, the power to grant pardons is typically vested in the governor of a state or the President of the United States, depending on the jurisdiction. While governors have the authority to grant pardons, the question of whether a new governor can reverse a pardon granted by a previous governor is a complex one.

In general, the answer is that a new governor cannot automatically reverse a pardon granted by a previous governor. Here's why:

  1. Pardons are considered final and binding: Once a pardon is granted, it is considered a final and binding decision. The pardon is intended to provide relief to the individual who received it, and it is not subject to reversal by a subsequent governor or official.
  2. No explicit authority to reverse pardons: Most state constitutions and laws do not explicitly grant the governor the authority to reverse a pardon. In fact, many state constitutions and laws specifically provide that pardons are final and cannot be revoked or reversed.
  3. Separation of powers: The concept of separation of powers is designed to prevent one branch of government from exercising the powers of another. In this case, the governor's power to grant pardons is separate from the power to reverse or revoke them. A new governor would not have the authority to reverse a pardon granted by a previous governor without violating the separation of powers principle.
  4. Legislative intervention: If a new governor wanted to reverse a pardon granted by a previous governor, they would need to seek legislative intervention. The governor could propose legislation to repeal or modify the pardon, but this would require approval from the state legislature.

That being said, there are some exceptions and limitations to consider:

  1. Conditional pardons: If a pardon is granted conditionally, the governor may have the authority to revoke or modify the pardon if the conditions are not met.
  2. Federal pardons: If a pardon is granted by the President of the United States, it can be revoked or modified by a subsequent President.
  3. State constitutional provisions: Some state constitutions may provide for the governor to have the authority to revoke or modify pardons under certain circumstances.

In summary, while a new governor cannot automatically reverse a pardon granted by a previous governor, there may be exceptions and limitations depending on the specific circumstances and the laws of the jurisdiction in question.