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The Extradition Clause, or Interstate Rendition Clause, is Article IV, Section 2, Clause 2 of the United States Constitution. The Extradition Clause provides for the extradition of an accused criminal back to the state where they allegedly committed a crime. The clause covers treason, felony, or other crime, and the Supreme Court has interpreted the crimes for which a person is subject to extradition very broadly. The Extradition Clause is not self-executing, and Congress passed the first rendition act in 1793, now found under 18 U.S.C. § 3182.
| Characteristics | Values |
|---|---|
| Name | Extradition Clause or Interstate Rendition Clause |
| Location | Article IV, Section 2, Clause 2 of the United States Constitution |
| Function | Provides for the extradition of an accused criminal back to the state where they allegedly committed a crime |
| Scope | Covers "Treason, Felony, or other Crime" |
| Implementation | Not self-executing; requires legislation to be put into effect |
| Legislation | The Extradition Act, or 18 U.S.C. § 3182, requires governors to deliver fugitives upon lawful demand |
| Supreme Court Cases | Kentucky v. Dennison (1861), Puerto Rico v. Branstad (1987), California v. Superior Court (1987) |
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What You'll Learn
- The Extradition Clause is Article IV, Section 2, Clause 2 of the US Constitution
- The Clause allows for the extradition of accused criminals back to the state where the crime was committed
- The Clause was included in the Constitution because the founders found that interstate rendition was separate from international extradition
- The Clause is not self-executing, and the Constitution provides Congress no express power to implement it
- The Extradition Act requires the governor of each state to deliver fugitives from justice found in their state, upon lawful demand from another state
The Extradition Clause is Article IV, Section 2, Clause 2 of the US Constitution
The Extradition Clause, also known as the Interstate Rendition Clause, is Article IV, Section 2, Clause 2 of the US Constitution. It states that a person charged with a crime in one state who then flees to another state must be returned to the state where the crime was committed.
The clause was included in the Constitution because the founders found that interstate rendition was separate from international extradition. It covers "Treason, Felony, or other Crime", and the Supreme Court has interpreted the crimes for which a person is subject to extradition very broadly, to include every offence punishable by law in the state where the crime was committed.
The Extradition Clause is not self-executing, and the Constitution does not grant Congress the power to implement it. However, Congress passed the Extradition Act, which requires the governor of each state to deliver fugitives from justice found in their state upon lawful demand from another state. This Act extends beyond the terms of the Extradition Clause, requiring the rendition of fugitives at the request of a demanding territory as well as a state.
The meaning of the Extradition Clause was first tested in the Supreme Court case of Kentucky v. Dennison (1861). The Court ruled that, while it was the duty of a governor to return a fugitive to the state where the crime was committed, a governor could not be compelled through a writ of mandamus to do so. This decision was later reversed, with the Court ruling that federal courts did have the power to enforce a writ of mandamus.
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The Clause allows for the extradition of accused criminals back to the state where the crime was committed
The Extradition Clause, or the Interstate Rendition Clause, is Article IV, Section 2, Clause 2 of the United States Constitution. This clause allows for the extradition of accused criminals back to the state where the crime was committed.
The Clause states that a person charged with treason, felony, or another crime in one state, who then flees from justice and is found in another state, must be returned to the state where the crime was committed. This is achieved through a demand from the executive authority of the state from which the accused fled. The Clause was included in the Constitution as the founders found that interstate rendition was separate from international extradition.
The Extradition Clause was first tested in the Supreme Court case of Kentucky v. Dennison (1861). In this case, a man from Kentucky, Willis Lago, had helped a slave girl escape, and subsequently fled to Ohio. The governor of Ohio, William Dennison, Jr., refused to extradite him back to Kentucky. The Supreme Court ruled that, while it was the duty of a governor to return a fugitive to the state where the crime was committed, a governor could not be compelled through a writ of mandamus to do so.
In 1987, the Supreme Court reversed its decision in Dennison. This case involved an Iowan, Ronald Calder, who struck a married couple in Puerto Rico, resulting in the death of the wife, who was eight months pregnant. Calder was charged with murder and let out on bail, but fled to his home state of Iowa. The Governor of Puerto Rico requested that the Governor of Iowa extradite Calder, but the request was refused. The Supreme Court ruled that the Governor of Iowa was not obligated to return Calder, upholding the decision in Kentucky v. Dennison.
The Extradition Clause is not self-executing, and Congress passed the first rendition act in 1793, now found under 18 U.S.C. § 3182. This act requires the governor of each state to deliver up fugitives from justice found in their state upon lawful demand from another state.
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The Clause was included in the Constitution because the founders found that interstate rendition was separate from international extradition
The Extradition Clause, also known as the Interstate Rendition Clause, is Article IV, Section 2, Clause 2 of the United States Constitution. It provides for the extradition of an accused criminal back to the state where they allegedly committed a crime. The Clause covers "Treason, Felony, or other Crime", and a person accused of any of these crimes who flees from one state to another can be extradited back to the state where the crime was committed.
> "If any Person guilty of, or charged with, treason, felony, or other high misdemeanor in any state, shall flee from Justice, and be found in any of the united states, he shall upon demand of the Governor or executive power of the state from which he fled, be delivered up, and removed to the state having jurisdiction of his offence."
However, the Extradition Clause is not self-executing, and the Constitution does not give Congress the power to implement it. As a result, Congress passed the first rendition act in 1793, known as the Extradition Act. This Act requires the governor of each state to deliver up fugitives from justice found in their state upon lawful demand from another state.
There have been several Supreme Court cases that have centred around the Extradition Clause, including Kentucky v. Dennison (1861), where the Court ruled that while it was the duty of a governor to return a fugitive to the state where the crime was committed, they could not be compelled to do so through a writ of mandamus. In 1987, the Court reversed this decision, ruling that federal courts did have the power to enforce a writ of mandamus and that Kentucky v. Dennison was outdated.
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The Clause is not self-executing, and the Constitution provides Congress no express power to implement it
The Extradition Clause, also known as the Interstate Rendition Clause, is Article IV, Section 2, Clause 2 of the United States Constitution. It provides for the extradition of an accused criminal back to the state where they allegedly committed a crime. The Clause outlines that a person charged with a crime who flees to another state shall, on the demand of the executive authority of the state from which they fled, be delivered up and removed to the state with jurisdiction over the crime.
The Extradition Clause is not self-executing, and the Constitution does not provide Congress with an express power to implement it. This means that the Clause does not automatically come into force, and there is no explicit authority given to Congress to carry it out. However, this did not prevent the Second Congress from passing a law, known as the Extradition Act, shortly after the Constitution was adopted. This Act requires the governor of each state to deliver up fugitives from justice found in their state upon lawful demand from another state. The current iteration of this law is codified at 18 U.S.C. § 3182.
The non-self-executing nature of the Extradition Clause was a concern for the founders, who feared that it might hinder the process of interstate rendition. This fear led to the passing of the first rendition act in 1793. Despite the lack of an express grant of power, the Supreme Court has accepted the validity of the legislation, holding that the duty to surrender fugitives is not absolute and unqualified.
The Extradition Clause has been tested in several Supreme Court cases, including Kentucky v. Dennison (1861) and Puerto Rico v. Branstad (1987). In Kentucky v. Dennison, the Court ruled that while it was the duty of a governor to return a fugitive to the state where the crime was committed, they could not be compelled through a writ of mandamus to do so. However, in Puerto Rico v. Branstad, the Court reversed its decision, ruling that federal courts did have the power to enforce a writ of mandamus, and that Kentucky v. Dennison was outdated.
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The Extradition Act requires the governor of each state to deliver fugitives from justice found in their state, upon lawful demand from another state
The Extradition Clause, also known as the Interstate Rendition Clause, is Article IV, Section 2, Clause 2 of the United States Constitution. It provides for the extradition of an accused criminal back to the state where they allegedly committed a crime. This clause covers "Treason, Felony, or other Crime".
The Extradition Act, passed by the Second Congress, requires the governor of each state to deliver up fugitives from justice found in their state upon lawful demand from another state. This Act is currently codified at 18 U.S.C. § 3182. The Act extends beyond the terms of the Extradition Clause by requiring the rendition of fugitives at the request of a demanding territory, in addition to a state.
The Extradition Clause was included in the Constitution as the founders found that interstate rendition was separate from international extradition. Additionally, it was intended to normalise legal processes among the states. The Clause was approved unanimously at the Constitutional Convention with little debate.
The Extradition Clause is not self-executing, and there is no express grant of power to Congress to implement it. This became evident in 1793, just a year after the Constitution was adopted, when Virginia refused to extradite three fugitives accused of kidnapping a free black man, John Davis, to Pennsylvania. This controversy led to the inclusion of an extradition clause in the Fugitive Slave Law of 1793.
The Supreme Court has played a significant role in interpreting and enforcing the Extradition Clause. In Kentucky v. Dennison (1861), the Court ruled that while it was the duty of a governor to return a fugitive to the state where the crime was committed, a governor could not be compelled through a writ of mandamus to do so. However, in 1987, the Court reversed its decision in Kentucky v. Dennison, ruling that federal courts did have the power to enforce a writ of mandamus. This change in precedent allowed for the extradition of fugitives who had previously been refused under the former rule.
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Frequently asked questions
The Extradition Clause, or Interstate Rendition Clause, is Article IV, Section 2, Clause 2 of the US Constitution.
The Extradition Clause provides for the extradition of an accused criminal back to the state where they allegedly committed a crime. This includes people charged with "treason, felony, or other crime" who flee from justice and are found in another state.
The Extradition Clause was first tested before the Supreme Court in the case of Kentucky v. Dennison (1861). The case involved a man, Willis Lago, who was wanted in Kentucky for helping a slave girl escape. He fled to Ohio, where the governor refused to extradite him back to Kentucky. The court ruled that, while it was the duty of a governor to return a fugitive, they could not be compelled to do so through a writ of mandamus.
