The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, October 23, 1974
Decision: Monday, December 23, 1974
Issues: Civil Rights, Military Residency Requirements, Active Duty
Categories: armed services, capital punishment, criminal

Advocates

Not available

Facts of the Case

Schick, a master sergeant in the Army, was convicted of murder in a military court and sentenced to death in 1954. President Eisenhower intervened and commuted his sentence in 1960, reducing it to life imprisonment without parole.

Question

Did Eisenhower exceed his powers to commute criminal sentences?

Conclusion

The Court dismissed Schick's claim that Eisenhower's action was invalid because it imposed a condition not authorized by the Uniform Code of Military Justice. Tracing the development and Court's interpretation of the President's powers to commute sentences, Chief Justice Burger argued that since the pardoning power is an enumerated one, any limit on it must be found in the Constitution. Thus, its use does not depend on statutes such as those found in the military code.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 6 votes for Reed, 3 vote(s) against
Legal Provision: Article 2, Section 2, Paragraph 1: Presidential Pardoning Power
Wrote the majority opinion
Burger
Voted with the minority, joined Marshall's dissent
Douglas
Voted with the minority, joined Marshall's dissent
Brennan
Voted with the majority
Stewart
Voted with the majority
White
Wrote a dissent
Marshall
Voted with the majority
Blackmun
Voted with the majority
Powell
Voted with the majority
Rehnquist
Full Opinion by Chief Justice Warren E. Burger

Cite this page

The Oyez Project, Schick v. Reed, 419 U.S. 256 (1974),
available at: <http://www.oyez.org/cases/1970-1979/1974/1974_73_5677/>
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