Tag: Interstate Comity
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Duty to Surrender Fugitives From Justice
Duty to Surrender Fugitives From JusticeAlthough this provision is not in its nature self-executing, and there is no express grant to Congress of power to carry it into effect, that body passed a law shortly after the Constitution was adopted, imposing upon the governor of each state the duty to del…
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Fugitive From Justice
Fugitive From Justice DefinedTo be a fugitive from justice within the meaning of this clause, it is necessary that, in the regular course of judicial proceedings, one have been charged with a crime, but it is not necessary that one have left the state after having been charged. It is sufficient that…
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Procedure for Removal
Procedure for RemovalOnly after a person has been charged with a crime in the regular course of judicial proceedings is the governor of a state entitled to make demand for his return from another state.240 The person demanded has no constitutional right to be heard before the governor of the state i…
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Trial of Fugitives after Removal
Trial of Fugitives After RemovalThere is nothing in the Constitution or laws of the United States that exempts an offender, brought before the courts of a state for an offense against its laws, from trial and punishment, even though he was brought from another state by unlawful violence,249 or by ab…
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Fugitives From Labor
Clause 3. Fugitives From LaborNo person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or La…
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Corporations
Power to Charter Corporations (Necessary and Proper Clause)In addition to the creation of banks, Congress has been held to have authority to charter a railroad corporation,1 or a corporation to construct an interstate bridge,<a name=t2 href=#f2 targe…
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State Citizenship
Clause 1. State Citizenship: Privileges and ImmunitiesThe Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.State Citizenship and the U.S. ConstitutionResourcesSee AlsoReferencesThis text about <a href="http://…
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State Citizenship Purpose
Origin and Purpose"The primary purpose of this clause, like the clauses between which it is located… was to help fuse into one Nation a collection of independent sovereign States." 148 Precedent for this clause was a much wordier and a somewhat unclear 149 clause of the Articles of Confe…
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State Citizenship Implementation
How ImplementedThe Privileges and Immunities Clause is self-executory, that is to say, its enforcement is dependent upon the judicial process. It does not authorize penal legislation by Congress. Federal statutes prohibiting conspiracies to deprive any person of rights or privileges secured by state…
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Citizens of Each State
Citizens of Each StateA question much mooted before the Civil War was whether the term could be held to include free Negroes. In the Dred Scott case,171 the Court answered it in the negative. "Citizens of each State," Chief Justice Taney argued, meant citizens of the United States as under…
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Citizens in the Several States
All Privileges and Immunities of Citizens in the Several StatesThe scope of "privileges and immunities" comprehended by the comity clause is bound by the provision's purpose. The classical judicial exposition of the meaning of the phrase is that of Justice Washington in Corfield v. Cor…
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Discrimination in Private Rights
Discrimination in Private RightsNot only has judicial construction of the comity clause excluded certain privileges of a public nature from its protection, but the courts also have established the proposition that the purely private and personal rights to which the clause admittedly extends are not …
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Access to Courts
Access to CourtsThe right to sue and defend in the courts is one of the highest and most essential privileges of citizenship and must be allowed by each state to the citizens of all other states to the same extent that it is allowed to its own citizens.207 The constitutional requirement is satisfied…
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Taxation
TaxationIn the exercise of its taxing power, a state may not discriminate substantially between residents and nonresidents. In Ward v. Maryland,214 the Court set aside a state law that imposed specific taxes upon nonresidents for the privilege of selling within the state goods that were produced in …
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Interstate Rendition
Clause 2. Interstate RenditionA 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…