Proclamation 4483, also known as the Granting Pardon for Violations of the Selective Service Act, was a presidential proclamation issued by Jimmy Carter on January 21, 1977. It granted pardons to those who evaded the draft in the Vietnam War by violating the Military Selective Service Act from August 4, 1964, to March 28, 1973. [1] It was implemented through Executive Order 11967. [2]
During the Vietnam War, hundreds of thousands of American men evaded the draft by fleeing the country or failing to register with their local draft board. [3] President Gerald Ford signed a proclamation in 1974 that granted conditional amnesty to draft evaders, provided they work in a public service job for up to two years. Those who had evaded the draft by leaving the country were not eligible for a conditional pardon. Up to 90% of evaders had fled to Canada, with up to 50,000 settling there permanently. [4]
Jimmy Carter promised during his presidential campaign that he would pardon draft evaders of the Vietnam War, [3] calling it the "single hardest decision" of his campaign. [5] He signed the proclamation on January 21, 1977, his first full day in office. [3] The proclamation did not offer amnesty to deserters, however. [4]
Barry Goldwater, a supporter of the Vietnam War, referred to the proclamation as "the most disgraceful thing that a president has ever done". Carter was accused of showing favoritism towards middle-class evaders who were able to successfully stay out of the war. [2] Some Vietnam veterans were opposed to amnesty for evaders, while anti-war activists said it fell short by not pardoning deserters. [6]
In 1947, President Harry Truman granted amnesty to 1,523 men who violated the Selective Training and Service Act of 1940 by refusing to serve in the U.S. military during World War II. [7]
During the Civil War, President Abraham Lincoln pardoned former Confederate soldiers. [8] In order to receive the pardon, soldiers must have not held a Confederate civil office, they must not have mistreated Union prisoners, and they had to sign an oath of allegiance to the Union. [9] [10] President Andrew Johnson granted general amnesty to additional ex-Confederate soldiers with certain exceptions. [11]
The Amnesty Act of 1872 is a United States federal law passed on May 22, 1872, which removed most of the penalties imposed on former Confederates by the Fourteenth Amendment, adopted on July 9, 1868. Section 3 of the Fourteenth Amendment prohibits the election or appointment to any federal or state office of any person who had held any of certain offices and then engaged in insurrection, rebellion, or treason. However, the section provides that a two-thirds vote by each House of the Congress could override this limitation. The 1872 act was passed by the 42nd United States Congress and the original restrictive Act was passed by the United States Congress in May 1866.
Conscription evasion or draft evasion is any successful attempt to elude a government-imposed obligation to serve in the military forces of one's nation. Sometimes draft evasion involves refusing to comply with the military draft laws of one's nation. Illegal draft evasion is said to have characterized every military conflict of the 20th and 21st centuries, in which at least one party of such conflict has enforced conscription. Such evasion is generally considered to be a criminal offense, and laws against it go back thousands of years.
Canada did not officially participate in the Vietnam War. However, it contributed to peacekeeping forces in 1973 to help enforce the Paris Peace Accords.
Gerald Ford's tenure as the 38th president of the United States began on August 9, 1974, upon the resignation of president Richard Nixon, and ended on January 20, 1977. Ford, a Republican from Michigan, had been appointed vice president since December 6, 1973, following the resignation of Spiro Agnew from that office. Ford was the only person to serve as president without being elected to either the presidency or the vice presidency. His presidency ended following his narrow defeat in the 1976 presidential election to Democrat Jimmy Carter, after a period of 895 days in office.
In the United States, military conscription, commonly known as the draft, has been employed by the U.S. federal government in six conflicts: the American Revolutionary War, the American Civil War, World War I, World War II, the Korean War, and the Vietnam War. The fourth incarnation of the draft came into being in 1940, through the Selective Training and Service Act; this was the country's first peacetime draft. From 1940 until 1973, during both peacetime and periods of conflict, men were drafted to fill vacancies in the U.S. Armed Forces that could not be filled through voluntary means. Active conscription in the United States ended in 1973, when the U.S. Armed Forces moved to an all-volunteer military. However, conscription remains in place on a contingency basis; all male U.S. citizens, regardless of where they live, and male immigrants, whether documented or undocumented, residing within the United States, who are 18 through 25 are required to register with the Selective Service System. United States federal law also continues to provide for the compulsory conscription of men between the ages of 17 and 44 who are, or who have made a declaration of intention to become, U.S. citizens, and additionally certain women, for militia service pursuant to Article I, Section 8 of the United States Constitution and 10 U.S. Code § 246.
United States v. O'Brien, 391 U.S. 367 (1968), was a landmark decision of the United States Supreme Court, ruling that a criminal prohibition against burning a draft card did not violate the First Amendment's guarantee of free speech. Though the court recognized that O'Brien's conduct was expressive as a protest against the Vietnam War, it considered the law justified by a significant government interest unrelated to the suppression of speech and was tailored towards that end.
The powers of the president of the United States include those explicitly granted by Article II of the United States Constitution as well as those granted by Acts of Congress, implied powers, and also a great deal of soft power that is attached to the presidency.
The ten percent plan, formally the Proclamation of Amnesty and Reconstruction, was a United States presidential proclamation issued on December 8, 1863, by United States President Abraham Lincoln, during the American Civil War. By this point in the war, the Union Army had pushed the Confederate Army out of several regions of the South, and some Confederate states were ready to have their governments rebuilt. Lincoln's plan established a process through which this postwar reconstruction could come about.
The Selective Training and Service Act of 1940, also known as the Burke–Wadsworth Act, Pub. L.Tooltip Public Law 76–783, 54 Stat. 885, enacted September 16, 1940, was the first peacetime conscription in United States history. This Selective Service Act required that men who had reached their 21st birthday but had not yet reached their 36th birthday register with local draft boards. Later, when the U.S. entered World War II, all men from their 18th birthday until the day before their 45th birthday were made subject to military service, and all men from their 18th birthday until the day before their 65th birthday were required to register.
Amnesty is defined as "A pardon extended by the government to a group or class of people, usually for a political offense; the act of a sovereign power officially forgiving certain classes of people who are subject to trial but have not yet been convicted." Though the term general pardon has a similar definition, an amnesty constitutes more than a pardon, in so much as it obliterates all legal remembrance of the offense. Amnesty is increasingly used to express the idea of "freedom" and to refer to when prisoners can go free.
A presidential proclamation is a statement issued by a US president on an issue of public policy and is a type of presidential directive.
Both during and after the American Civil War, pardons for ex-Confederates were given by US Presidents Abraham Lincoln and Andrew Johnson and were usually extended for those who had served in the military above the rank of colonel or civilians who had exercised political power under the Confederate government. The power to pardon offences to the US government was given to the chief executive in the US Constitution under Article II.
The president of the United States is authorized by the U.S. Constitution to grant a pardon for a federal crime. The other forms of the clemency power of the president are commutation of sentence, remission of fine or restitution, and reprieve. A person may decide not to accept a pardon, in which case it does not take effect, according to a Supreme Court majority opinion in Burdick v. United States. In 2021, the 10th Circuit ruled that acceptance of a pardon does not constitute a legal confession of guilt, recognizing the Supreme Court's earlier language as authoritative.
The following is a timeline of the presidency of Gerald Ford from August 9, 1974, when Ford became the 38th president of the United States, upon the resignation of Richard Nixon, to December 31, 1974.
Draft evasion in the Vietnam War was a common practice in the United States and in Australia. Significant draft avoidance was taking place even before the United States became heavily involved in the Vietnam War. The large cohort of Baby Boomers allowed for a steep increase in the number of exemptions and deferments, especially for college and graduate students. More than half of the 27 million men eligible for the draft during the Vietnam War were deferred, exempted or disqualified.
Vietnam War resisters in Canada were American draft evaders and military deserters who avoided serving in the Vietnam War by seeking political asylum in Canada between 1965 and 1975. Draft avoiders were typically college-educated and middle class Americans who could no longer avoid conscription. Deserters were usually lower-income and working class who had been inducted into the United States Armed Forces right after high school or had later volunteered.
Vietnam War resisters in Sweden were Americans who fled to Sweden to avoid service in the Vietnam War between 1967 and 1973. Among the roughly 1,000 American exiles were around 800 military deserters and draft dodgers. Unlike other nations like Canada that discreetly harbored Vietnam War resisters, the Swedish government granted war resisters asylum status and the public openly welcomed them. This unique acceptance and Swedish politicians' open protests against American involvement in the Vietnam War caused a rift in relations between the United States and Sweden.
Terry Marvell Whitmore was an American soldier, deserter and actor.