Extradition Clause
E47301
The Extradition Clause is a provision in the U.S. Constitution that requires states to return individuals charged with crimes who flee from one state to another.
Observed surface forms (1)
| Surface form | Occurrences |
|---|---|
| Interstate Rendition Clause | 1 |
Statements (47)
| Predicate | Object |
|---|---|
| instanceOf |
clause of the United States Constitution
ⓘ
constitutional provision ⓘ |
| alsoKnownAs |
Extradition Clause
ⓘ
surface form:
Interstate Rendition Clause
|
| appliesTo |
U.S. states
ⓘ
territories of the United States ⓘ |
| appliesWhen |
a person is charged with felony
ⓘ
a person is charged with other crime ⓘ a person is charged with treason ⓘ |
| benefits | demanding state ⓘ |
| bindingOn | all U.S. states admitted to the Union ⓘ |
| category |
United States constitutional criminal procedure
ⓘ
United States federalism doctrine ⓘ |
| condition |
person must be found in another state
ⓘ
person must flee from one state to another ⓘ |
| currentInterpretation | extradition duty is judicially enforceable ⓘ |
| distinguishedFrom | international extradition treaties ⓘ |
| enforcedAgainst | governors who refuse lawful extradition demands ⓘ |
| enforcedBy | federal courts ⓘ |
| foundIn |
Article IV of the United States Constitution
ⓘ
Article IV, Section 2 of the United States Constitution ⓘ
surface form:
Article IV, Section 2, Clause 2 of the United States Constitution
|
| governs | interstate rendition of fugitives ⓘ |
| historicalInterpretation | extradition duty once considered non-enforceable by federal courts ⓘ |
| implementedBy |
18 U.S.C. § 3182
ⓘ
federal extradition statute ⓘ |
| influencedBy |
Articles of Confederation
ⓘ
surface form:
Articles of Confederation extradition provisions
|
| interpretedBy |
Supreme Court of the United States
ⓘ
surface form:
United States Supreme Court
|
| interpretedInCase |
Kentucky v. Dennison
ⓘ
Puerto Rico v. Branstad ⓘ |
| jurisdiction | applies within the United States federal system ⓘ |
| legalEffect | creates mandatory duty to extradite fugitives ⓘ |
| limits | states may not refuse extradition for policy disagreements ⓘ |
| obligates |
asylum state to deliver fugitive
ⓘ
executive authority of asylum state ⓘ |
| originatedIn |
Constitutional Convention
ⓘ
surface form:
Constitutional Convention of 1787
|
| purpose |
prevent states from becoming safe havens for fugitives
ⓘ
promote interstate cooperation in criminal law enforcement ⓘ support national unity in criminal justice ⓘ |
| relatedTo |
Full Faith and Credit Clause
ⓘ
Privileges and Immunities Clause ⓘ |
| requires |
charging documents such as indictment or affidavit
ⓘ
extradition of individuals charged with crimes ⓘ formal demand by executive authority of demanding state ⓘ return of fugitives from justice ⓘ |
| scope | applies to persons charged with crimes, not only convicted persons ⓘ |
| textBegins | "A Person charged in any State with Treason, Felony, or other Crime" ⓘ |
| textIncludes |
"be delivered up, to be removed to the State having Jurisdiction of the Crime"
ⓘ
"shall on demand of the executive Authority of the State from which he fled" ⓘ |
Referenced by (6)
Full triples — surface form annotated when it differs from this entity's canonical label.
this entity surface form:
Interstate Rendition Clause
subject surface form:
Article IV of the United States Constitution