Congress passed a bill prohibiting the president from granting a pardon to any person who had not served at least one-third of the sentence imposed by the court which convicted that person. The President vetoed the bill claiming that it was unconstitutional. Nevertheless, Congress passed it over the President’s veto by a two-thirds vote of each house.
This act of Congress is:
A. Constitutional, because it was enacted over the President’s veto by a two-thirds vote of each house.
B. Constitutional, because it is a necessary and proper means of carrying out the powers of Congress.
C. Unconstitutional, because it interferes with the plenary power of the President to grant pardons.
D. Unconstitutional, because a presidential veto based upon constitutional grounds may be overridden only with the concurrence of three-fourths of the state legislatures.
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