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Judicial Power & Separation of Powers
Puerto Rico v. Branstad
Decided: 1987
Federal courts may compel a governor to extradite a fugitive under the Extradition Clause, overruling Kentucky v. Dennison.
Puerto Rico sought extradition of a man charged with vehicular homicide; Iowa's governor refused. The Court unanimously overruled the Civil War-era Kentucky v. Dennison (1861), which had held governors' extradition duty judicially unenforceable. Justice Marshall wrote that Dennison rested on 'a fundamental premise since rejected' — that federal courts lack authority to command state executive action to enforce the Constitution. Under Article IV, § 2, extradition is a mandatory federal duty and the federal courts may issue mandamus to enforce it. Branstad closed a 126-year gap in the machinery of interstate criminal justice.