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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 ]
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.
[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 ...
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 ...
This common legal procedure is called interstate extradition. During this procedure, which often occurs without complication, the governor of the state seeking the suspect would sign a warrant ...
[21] Article Four as a whole—which includes the Privileges and Immunities Clause, the Extradition Clause, and the Full Faith and Credit Clause—has been described as the "interstate comity" article of the Constitution. [22] In the case of Bank of Agusta v Earl, the court adopted Justice Joseph Story's doctrine of comity. [23]