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Similar to a clause found in the Articles of Confederation, the Extradition Clause was included because the founders found that interstate rendition was separate from international extradition. Fearing that the clause was not self-executing, Congress passed the first rendition act in 1793 – now found under 18 U.S.C. § 3182. [1]
The Privileges and Immunities Clause requires interstate protection of "privileges and immunities," preventing each state from treating citizens of other states in a discriminatory manner. The Extradition Clause requires that fugitives from justice be extradited on the demand of executive authority of the state from which they flee.
International extradition is considerably different from interstate or intrastate extradition. If requested by the charging state, US states and territories must extradite anyone charged with a felony, misdemeanor, or even petty offense in another US state or territory, even if the offense is not a crime in the custodial state. [ 1 ]
[3] The Uniform Extradition Act may nullify this result in those States that have adopted it. [4] In rare cases, usually involving the death penalty, states have refused or delayed rendition. In 1987, this was overturned by Puerto Rico v. Branstad, [5] so a federal interest in resolving interstate rendition disputes was established ...
Extradition Clause: IV: 2: 2 Faithful Execution Clause: II: 3: 5 ... Interstate Commerce Clause: I: 8: 3 Loyalty Clause: VI: 3 Migration or Importation Clause ...
The coming extradition standoff has its roots in the U.S. Constitution. Article IV, Section II, Clause 2 states, "A person charged in any State with Treason, Felony, or other Crime, who shall flee ...
Despite what Trump’s MAGA allies say, the Florida governor likely has little authority to stop the former president’s extradition from their mutual home state. Eric Garcia writes
The Extradition Clause, in Article IV, Section 2, of the United States Constitution reads: . A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.