Interstate Relations: The Neglected Dimension of Federalism

By Joseph F. Zimmerman | Go to book overview

6
Refidition of Fugitives from Justice

The terms extradition and rendition frequently are employed interchangeably by the media. The former properly describes the process, established by a treaty, for the return of a fugitive from justice by one nation to the nation from which the fugitive fled. Extradition treaties entered into by the United States with foreign nations limit extraditable crimes to those listed in a treaty and a returned fugitive cannot be tried for any other crime. A governor of a state in the United States has no authority to extradite a fugitive from justice to a foreign country since states are forbidden by the U.S. Constitution to enter into treaties with foreign governments. 1

The term interstate rendition properly is employed to describe the process, established by the U.S. Constitution and a congressional statute, for the return of a fugitive from justice by one state to the state from which the fugitive fled. The governor of each concerned state plays a key role in the rendition process. In contrast to international law, a returned fugitive can be tried for the offense with which he/she was charged in the rendition documents and any other offense he/she may have committed in the demanding state.

Rendition is essential in a confederation or a federation to prevent criminals and persons charged with crimes from fleeing to another state to seek sanctuary and immunity from punishment or prosecution. The process was employed during the colonial period, particularly among the colonies of the New England Confederation established in 1643. 2 Hence, it was not surprising that the drafters of the Articles of Confederation and Perpetual Union decided to include Article IV which stipulates:

If any person guilty of, or charged with treason, felony, or other high misdemeanor in any state shall flee from justice, and be found in any of the United States, he shall upon the demand of the Governor or executive power, of the state from which he fled, be delivered up and removed to the state having jurisdiction of his offense.

The drafters of the U.S. Constitution included several provisions in the document to promote interstate harmony. They recognized that the failure of a state to return a fugitive from justice to the requesting state could cause friction between the two

-103-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
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 *
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 268

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.