Extradition Clause
Encyclopedia
The Extradition clause or Interstate rendition clause of the United States Constitution
refers to a provision in Article IV
, Section 2, Clause 2, provides for the extradition of a criminal back to the state where he or she has committed a crime.
for helping a slave girl escape. He had fled to Ohio, where the governor, William Dennison
, refused to extradite him back to Kentucky. In this case, 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.
. The husband survived but the wife, who was eight months pregnant, did not. Following the incident, Calder was charged with murder and let out on bail. While on bail, Ronald Calder fled to his home-state of Iowa
. In May 1981, the Governor of Puerto Rico
submitted a request to the Governor of Iowa for extradition of Ronald Calder to face murder charges. The Governor of Iowa refused the request, forcing the Governor of Puerto Rico to file a petition for a writ of mandamus in the United States District Court for the Southern District of Iowa
. The Court rejected it, ruling that under Kentucky v. Dennison, the Governor of Iowa was not obligated to return Calder. The United States Court of Appeals for the Eighth Circuit
affirmed. The Supreme Court felt differently, ruling unanimously that the Federal Courts did indeed have the power to enforce a writ of mandamus and that Kentucky v. Dennison was outdated.
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
refers to a provision in Article IV
Article Four of the United States Constitution
Article Four of the United States Constitution relates to the states. The article outlines the duties states have to each other, as well as those the federal government has to the states...
, Section 2, Clause 2, provides for the extradition of a criminal back to the state where he or she has committed a crime.
Text
Article IV, Section 2, Clause 2:History
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 it was not self-executing, Congress passed the first rendition act in 1793 – now found under .Kentucky v. Dennison
The meaning of the extradition clause was first really tested in the case of Kentucky v. Dennison. The case involved a man named Willis Lago who was wanted in KentuckyKentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
for helping a slave girl escape. He had fled to Ohio, where the governor, William Dennison
William Dennison
William Dennison or Denison may refer to:*William Dennison , 18th-century Master of University College, Oxford*William Dennison, Jr. , American politician, Governor of Ohio and U.S...
, refused to extradite him back to Kentucky. In this case, 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.
Puerto Rico v. Branstad
In 1987, the court reversed its decision under Dennison. The case involved an Iowan, Ronald Calder who struck a married couple near Aguadilla, Puerto RicoAguadilla, Puerto Rico
Aguadilla , founded in 1775 by Luis de Córdova, is a city located in the northwestern tip of Puerto Rico bordered by the Atlantic Ocean to the north and west, north of Aguada, and Moca and west of Isabela. Aguadilla is spread over 15 wards and Aguadilla Pueblo...
. The husband survived but the wife, who was eight months pregnant, did not. Following the incident, Calder was charged with murder and let out on bail. While on bail, Ronald Calder fled to his home-state of Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
. In May 1981, the Governor of Puerto Rico
Governor of Puerto Rico
The Governor of Puerto Rico is the Head of Government of the Commonwealth of Puerto Rico. Since 1948, the Governor has been elected by the people of Puerto Rico...
submitted a request to the Governor of Iowa for extradition of Ronald Calder to face murder charges. The Governor of Iowa refused the request, forcing the Governor of Puerto Rico to file a petition for a writ of mandamus in the United States District Court for the Southern District of Iowa
United States District Court for the Southern District of Iowa
The United States District Court for the Southern District of Iowa has jurisdiction over forty-seven of Iowa's ninety-nine counties. It is subject to the Eighth Circuit Court of Appeals The United States District Court for the Southern District of Iowa (in case citations, S.D. Iowa) has...
. The Court rejected it, ruling that under Kentucky v. Dennison, the Governor of Iowa was not obligated to return Calder. The United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...
affirmed. The Supreme Court felt differently, ruling unanimously that the Federal Courts did indeed have the power to enforce a writ of mandamus and that Kentucky v. Dennison was outdated.