The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
to declare to the several States, that whatever those rights
(_i. e._, the rights of citizens of that State),—as you grant or
establish them to your own citizens, or as you limit or qualify,
or impose restrictions on their exercise, the same, neither more
nor less, shall be the measure of the rights of citizens of other
States within your own jurisdiction.[319]
But the citizen from another State must comply with the laws of the
State into which he comes before he can have the protection of its
sovereignty.
The Constitution forbids only such legislation affecting citizens
of the respective States as will substantially or practically put a
citizen of one State in a condition of alienage when he is within,
or when he removes to, another State, or when asserting in another
State the rights that commonly appertain to those who are part of
the political community known as the People of the United States,
by and for whom the government of the Union was ordained and
established.[320]
124. The test here is jurisdiction. No State has jurisdiction that is
denied it by the Constitution of the United States. Each State has
power so far as its jurisdiction, or sovereignty, extends, to declare
what shall be offences against its laws, and citizens of other States
within its jurisdiction are subject to those laws.[321]
Fugitives from justice escaping from a State or Territory to another
are subject to extradition.[322] Upon the Executive of the State or
Territory in which the accused is found rests the responsibility of
determining, in some legal mode, whether he is a fugitive from the
justice of the demanding State. It is within the jurisdiction of the
State or Territory into which the accused has fled to demand competent
proof that he is in fact a fugitive from the demanding State; otherwise
the jurisdiction of the demanding State would extend over the State
or Territory into which the accused has fled. But such proof being
established, the accused “shall be delivered up” as the federal
Constitution prescribes.[323] The principle here is that of State
jurisdiction as limited by the supreme law.
125. But the question of powers, or rights, by extradition, raises the
question of right of asylum. Do
the States of the Union occupy towards each other, in respect
to fugitives from justice, the relation of foreign nations, in
the same sense in which the general government stands towards
independent sovereignties, on that subject; and, in the further
assumption that a fugitive from justice acquires in the State to
which he may flee some State or personal right of protection,
improperly called a right of asylum, which secures to him exemption
from trial and punishment for a crime committed in another State,
unless such crime is made the special object or ground of his
rendition?[324]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account