According to Abraham Lincoln and many other Republicans, Congress had as much power to secure these entitlements as to enforce the Fugitive Slave Clause. The Extradition Clause provides for the return of persons charged with a crime in one state who fled to another state. In some ways, the extradition clause was the mirror image of the Privileges and Immunities Clause.
Article IV, Section 2 likewise provided for the return of persons charged with a crime in one state who fled to another state, with only minor changes from the version in the Articles. However, because the provision was not self-executing, it required legislation to put it into effect. This controversy led Congress to include an extradition clause in what became known as the Fugitive Slave Law of Although many fewer conflicts arose regarding the Extradition Clause than the Fugitive Slave Clause, those that did all had to do with slavery.
One such case set a precedent that was not overturned for over a century: Kentucky v. Dennison In that case, the Ohio governor, William Dennison, Jr. The court ruled that although the governor had a duty to return the fugitive from justice, he could not be compelled to do so by a writ of mandamus. This precedent was not overturned until the case of Puerto Rico v.
It is not a requirement that the accused consciously fled to avoid prosecution, only that the person did in fact flee from justice. Over the course of the Constitutional Convention issues relating to slavery complicated nearly every debate and the importance of slavery became increasingly evident. This was a small triumph for those who were uneasy about slavery, but it had no practical effect.
Like the other two Clauses, the Fugitive Slave Clause did not provide for any particular enforcement powers. Congress passed the Fugitive Slave Act of , with almost no opposition or debate, to provide for enforcement.
The Act authorized a slaveowner or his agents to cross a state line, seize an alleged fugitive slave, take the slave before any judge or local magistrate, and there, upon proof of ownership, receive a certificate entitling him to return home with his captive. Financial penalties could result for interfering with the recovery of a fugitive.
It gave the alleged fugitive no protection against self-incrimination and no assurance that he could testify on his own behalf. It also did not specify a time limitation, so slaves could be claimed many years after the alleged escape. From the s until , many northern states attempted to provide some legal protections for escaped slaves who faced potential recapture in the North by passing personal liberty laws.
These laws forbade the participation of state authorities or the use of state property in the capture of a fugitive. Other laws provided runaway slaves with procedural protections that were not specified in the Act, such as trial by jury and the right to testify.
By and large, however, a constitutional settlement prevailed in both northern and southern states: states had the right to determine the legal status of their own inhabitants, including defining people as slaves and authorizing their re-enslavement if they ran away to a free state; but states also had the authority to punish a kidnapper for reducing a free person to slavery, and to define procedures to protect free people from kidnapping.
Prigg v. Pennsylvania tested the constitutionality of the Pennsylvania personal liberty law. Edward Prigg had been convicted on kidnapping charges in Pennsylvania for taking a recaptured fugitive slave back to Maryland without obtaining the required certificate. The Court found that the Pennsylvania statute under which Prigg had been indicted was in conflict with the federal law of and with the Constitution. The opinion held that only Congress had the power to pass legislation implementing the Fugitive Slave Clause.
This judicial nationalism threatened to upend the old constitutional settlement. As sectional conflict increased, the constitutional settlement that had prevailed among the states began to break down.
As the Missouri court opined in Scott v. The Compromise of included an even more stringent new Fugitive Slave Act, in which suspected fugitives were denied the right to trial by jury and the right to testify in their own behalf.
The Act made rendition of fugitive slaves a federal affair, forbidding state officers to interfere with federal marshals and making it a criminal offense for private citizens to do so.
Nevertheless, abolitionists in northern states formed vigilance committees to ward off slave catchers and kidnappers, and conducted spectacular rescues. Northern juries refused to convict rescuers. When the high courts in Wisconsin and Ohio held the Fugitive Slave Act unconstitutional in , they did so with broad popular support. Although the U. Supreme Court eventually overturned the decisions in , in Ableman v.
Booth , by that time it was quite clear that North and South were on a collision course. At the heart of these antebellum controversies was a more fundamental disagreement: what is the relationship between slavery and the Constitution? Self-Incrimination Clause 5th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Slavery Amendment 13th Amendment Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.
Speedy Trial Clause 6th Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Subscription Cause List of signatories Supremacy Clause Article VI, clause 2 This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The actual Enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. Trial by Jury Clause 7th Amendment In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; To provide and maintain a navy; To make rules for the government and regulation of the land and naval forces; Warrant Clause 4th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Other interesting information about the U. Constitution is available from the following sources:. Analysis and Interpretation of the U. Constitution A comprehensive treatment of the Constitution, with references to important Supreme Court cases and lists of failed amendments and federal and state laws declared unconstitutional.
The Founders' Constitution An anthology of documents ranging "from the early seventeenth century to the s, [with] the reflections of philosophers to popular pamphlets, from public debates in ratifying conventions to the private correspondence of the leading political actors of the day.
LexisNexis, The Constitution Includes an amendment timeline, anecdotal factoids, and information on failed amendments. National Archives and Records Administration, Charters of Freedom Includes images of the original Constitution, a lengthy article on its history and creation, and interesting questions and answers.
Thanks to Seth Barrett Tillman for an update. Affirmation Clause Article VI, clause 3 The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
Compulsory Process Clause 6 th Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; Double Jeopardy Clause 5th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Due Process Clause 5 th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Equal Protection Clause 14th Amendment All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. Establishment Clause 1st Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
Excessive Fines Clause 8th Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Exercise Clause 1st Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Free Exercise Clause 1st Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Income Tax Clause 16th Amendment The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census of enumeration.
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; Interstate Commerce Clause Just Compensation Clause 5th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
But Congress may by a vote of two-thirds of each House, remove such disability. Connect with us:. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;-- between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.
The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. The Congress shall have power. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states,.
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;. No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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