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.

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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.

Extradition Clause alsoKnownAs Extradition Clause
this entity surface form: Interstate Rendition Clause
Article IV containsClause Extradition Clause
subject surface form: Article IV of the United States Constitution