What case may a governor refuse to extradite a fugitive?

Answer 1

Until 1980s, it was allowed. In Kennedy v. Dennison, 1861, the Supreme Court held that the constitution didn't give the Federal government that right. For more than a century, the word 'shall' in the Extradition clause was read as 'may'.


Then in 1987, Puerto Rico v. Branstad, it was unanimous that the federal courts can indeed order an unwilling governor to extradite a fugitive.

Answer 2

The U.S. Constitution, Article IV, Section 2, Clause 2 states,

"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."

The U.S. Supreme Court has ruled that the word charged in the Clause does not necessarily mean a formal indictment and that it is enough that someone accused a person of a crime and that the person was present in the state where the crime occurred at the time it occurred.

Civil liabilities and private debts are outside the scope of the Clause.

Answer 3

hey