Interstate Relations: The Neglected Dimension of Federalism

By Joseph F. Zimmerman | Go to book overview

States have three alternatives to pursuing the rendition of a person who commits a crime in a state and subsequently flees to another state. The Uniform Close Pursuit Act authorizes police to cross state boundary lines to apprehend fugitives, and the Uniform Criminal Extradition Act authorizes a procedure similar to the constitutional rendition procedure. A state also may employ the Uniform Reciprocal Enforcement of Support Act in lieu of seeking the rendition of an obligator.

The Articles of Confederation and Perpetual Union quickly demonstrated their inadequacy in coping with the mercantilist policies of states. The U.S. Constitution specifically delegated power to the Congress to enable it to establish a national free trade system by regulating interstate commerce. Nevertheless, states continue to erect trade barriers which cause interstate disharmony. Chapter 7 examines interstate trade barriers and competition for industry and tourists.


NOTES
1
United States Constitution, Art. I, §10.
2
See James A. Scott, The Law of Interstate Rendition Erroneously Referred to as Interstate Extradition: A Treatise ( Chicago: Sherman Hight, Publisher, 1917), pp. 180-1.
3
United States Constitution, Art. IV, §2.
4
Scott, The Law of Interstate Rendition, pp. 5-7.
5
Rendition Act of 1793, 1 Stat. 302, 18 U.S.C.A. §3182 ( 1985). The constitutionality of the act was upheld in Prigg v. Pennsylvania, 41 U.S. 536 ( 1842).
6
Fugitive Felon and Witness Act of 1934, 48 Stat. 782, 18 U.S.C.A. §1073 ( 1976 and 1994 Supp.).
7
Prigg v. Pennsylvania, 41 U.S. 536 ( 1842), and Moore v. Illinois, 55 U.S. 13 ( 1852).
8
Hall v. State, 114 N.C. 900, 19 S.E. 602 ( 1894).
9
People ex rel. Bernheim, v. Warden, 94 Misc.2d 577 (Supreme Court, N.Y. County, 1978).
10
New York Criminal Procedure Law, §140.55 (McKinney 1992).
11
See, for example, California Penal Code, §§1334-1334.6 (West 1982 and 1994 Supp.).
12
New York v. O'Neill, 359 U.S. 1 ( 1959).
14
See, for example, California Penal Code, §§1547-56.2 (West 1992 and 1994 Supp.).
15
See, for example, New York Criminal Procedure Law, §570.16 (McKinney 1984).
16
Ibid., §570.18.
17
Sam H. Berhovek, "Cuomo Turns Down Request to Extradite Cable Officials", The New York Times, June 21, 1990, p. B4. See also the 1988 congressional statute relative to the distribution of obscene materials by cable or subscription television, 102 Stat. 4502, 18 U.S.C.A. §1468 ( 1994 Supp.).
18
New York Executive Law, §259-m(1).
19
Ibid., §259-m(3).

-114-

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Interstate Relations: The Neglected Dimension of Federalism
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface vii
  • 1 - Relations between States 1
  • Notes 13
  • 2 - Referee Role of the Supreme Court 17
  • Notes 29
  • 3 - Interstate Compacts and Agreements 33
  • Notes 55
  • 4 - Full Faith and Credit 59
  • Notes 81
  • 5 - Privileges and Immunities 87
  • Notes 99
  • 6 - Refidition of Fugitives from Justice 103
  • Notes 114
  • 7 - Interstate Economic Protectionism 117
  • Notes 136
  • 8 - Interstate Competition for Tourists, Sports Franchises, and Business Firms 141
  • Notes 158
  • 9 - Interstate Tax Revenue Competition 161
  • Notes 180
  • 10 - Formal and Informal Interstate Cooperation 185
  • Notes 207
  • 11 - Model for Improved Interstate Relations 213
  • Notes 233
  • Bibliography 237
  • Index 259
  • About the Author *
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