It was election day in 1857, nearly fifty years before women were legally granted the right to vote. Susan B. Anthony lined up beside those who were empowered by the United States constitution, at the time only white men, and cast her vote. She was later arrested, fined one hundred dollars, and faced a trial for her audacity to participate in the election of government officials (Schmidt 1). Anthony wrote that her trial was the “greatest outrage History ever witnessed” (Ulaby 1). Nearly one hundred and fifty years following Anthony’s historic vote, and one hundred years after the ratification of the 21st Amendment, the nation reflects upon Anthony’s strength, conviction, and principles which ultimately made her a key contributor to the women’s suffrage movement. 

Former U.S President Donald Trump took to exercising his constitutional, executive power to issue a presidential pardon of Susan B. Anthony for being convicted of voting illegally. However, with this pardon, Trump has raised questions regarding his understanding of such an influential woman. Many people claim that instead of benevolence, Trump has used his executive power to demonstrate his ignorance as to the character of Susan B. Anthony. 

So why is there controversy when pardoning someone who was wrongly convicted? The conflict is better understood through the lens of hermeneutical injustice. Hermeneutical injustice is a concept which revolves around a societal understanding of a perceived injustice. For example, the wrong, in this case pardoning Susan B. Anthony, is misunderstood by Trump and others because of the social lens by which they view the experience of Susan B. Anthony. While Susan B. Anthony would likely protest this pardon, those in power cannot conceive of a situation where pardoning a misdeed, in this case, her imprisonment, would be seen as negative (Fricker7). This lack of understanding leads to inaccurate portrayals of the intentions and experiences of Anthony strictly because of a societal understanding of suffrage and imprisonment. Such misinterpretation is considered hermeneutical injustice. 

This case is interesting as Susan B. Anthony is not alive to issue an official statement. 

However, individuals who are familiar with Anthony’s life adamantly contest her pardon, claiming it gives legitimacy to the trial and past public outrage over her political participation. Anthony consistently proclaimed her innocence of any wrongdoing stating she was simply exercising her right as an American citizen by casting her ballot (Ulaby 1). Regardless of intent or public interpretation, Anthony’s vote and subsequent pardon shed light on hermeneutical injustice through the lens of history.

So why use the right to pardon? Though the capacity to issue presidential pardons is unique, researchers suggest that the presidential pardon is nearly meaningless, and “at best, [the President’s] most benevolent behavior” (Duker 1). Historically, presidents have exercised this power to varying degrees, sometimes sparking controversy and other times gaining widespread public approval. Former President Trump’s posthumous pardon of Susan B. Anthony was no doubt an attempt to gain public favor and commemorate her life and legacy, but instead, has led to much controversy. This controversy is rooted in hermeneutical injustice. 

 The Susan B. Anthony Museum and many historians expressed extreme disapproval regarding Trump’s pardon of Susan B. Anthony citing a lack of careful consideration. As he neglected to consult historians and consider the wishes of the late Susan B. Anthony, historian Deborah L. Hues of the museum rejected the pardon altogether. Referencing Anthony’s refusal to pay the one hundred dollar fine she was given for voting illegally in 1857, her statement asserts “To pay would have been to validate the proceedings. To pardon Susan B. Anthony does the same." (Ulaby 1). 

In an examination of Trump’s pardon of Susan B. Anthony, it is clear that historical context is of extreme importance in issuing posthumous pardons. Susan B. Anthony’s life was dedicated to amending the constitution to serve more of those it governs. However, her pardon highlights the lack of social understanding regarding her experiences, intentional law-breaking, and life’s mission. Anthony highlighted both the shortcomings of the constitution (as it excluded women, people of color, Native Americans, and non-citizens) and the enlightened opportunity it outlines for freedom and the pursuit of happiness. The purpose of the presidential pardon, though intended to protect from supreme power in the judicial branch, is often used as a political strategy to gain public favor. This incites the questions: To what extent did Trump’s pardon increase his standing with the American people? And how will history remember Susan B. Anthony’s posthumous pardon? Perhaps Anthony’s pardon did not affect public approval of Donald Trump, but one thing is for sure: those who commemorate the life of Susan B. Anthony must do so with the utmost respect for her conviction and legacy. To do anything less is a great disservice to her and the American public.

Works Cited

Duker, William F. “The Presidential Power to Pardon: A Constitutional History.” William and Mary Law Review, Volume 18, Spring 1977. No. 3. 

Fricker, Miranda. Hermeneutical Injustice. 2007.

Schmidt, Samantha. “Susan B. Anthony Was Arrested for Voting When Women Couldn't. Now Trump Will Pardon Her.,” August 18, 2020. 

Ulaby, Neda. “Susan B. Anthony Museum Rejects President Trump's Pardon Of The Suffragist.” NPR. NPR, August 20, 2020.