Puerto Rico v. Branstad - The Precedent Of Kentucky V. Dennison, The Case Of Ronald Calder, A Different Era

court petitioner governor authority

Petitioner

Puerto Rico

Respondent

Terry Branstad, Governor of Iowa, et al.

Petitioner's Claim

That the Governor of Iowa was in violation of the Constitution's Extradition Clause for failing to extradite Ronald Calder, a fugitive from justice in Puerto Rico.

Chief Lawyer for Petitioner

Lino J. Saldana

Chief Lawyer for Respondent

Brent R. Appel

Justices for the Court

Harry A. Blackmun, William J. Brennan, Jr., Thurgood Marshall (writing for the Court), Sandra Day O'Connor, Lewis F. Powell, Jr., William H. Rehnquist, Antonin Scalia, John Paul Stevens, Byron R. White

Justices Dissenting

None

Place

Washington, D.C.

Date of Decision

23 June 1987

Decision

The Supreme Court unanimously held that the federal courts must have the authority to order a governor to comply with the Constitution's Extradition Clause.

Significance

The case allowed federal courts more authority to command compliance from states, overturning the long-held precedent set by Kentucky v. Dennison (1861), a Civil War era states' rights case.

Related Cases

Kentucky v. Dennison, 65 U.S. 66 (1861).
Ashwander v. Tennessee Valley Authority, 297 U.S. 288 (1936).

Sources

U.S. Department of State (http:travel.state.gov.arrest.html)

Puerto Rico v. Branstad - The Precedent Of Kentucky V. Dennison

In Puerto Rico v. Branstad, the Supreme Court determined that the Constitution granted federal courts the authority to compel an asylum state to fulfill its obligations under the Constitution's Extradition Clause and deliver fugitives for justice on demand. In doing so, it overturned Kentucky v. Dennison, one of the long-standing foundational cases for the principle of federalism--the balance of p…

Puerto Rico v. Branstad - The Case Of Ronald Calder

For more than a century, Kentucky v. Dennison stood as precedent. In 1981, a federally-employed air traffic controller named Ronald Calder struck two people with his car in San Juan, Puerto Rico. A man was injured; his wife and their unborn child were killed. Witnesses testified that the incident took place immediately after an argument between the two men, and that after having struck the two peo…

Puerto Rico v. Branstad - A Different Era

According to the Court opinion, written by Justice Marshall, it did not. Kentucky v. Dennison, wrote Marshall, was "the product of another time," a time in which states were seceding and "the practical power of the Federal Government at its lowest ebb since the adoption of the Constitution." The reluctance of the federal courts to intervene in state extradition disputes during this time was clearl…

Puerto Rico v. Branstad - Americans Abroad

When traveling abroad, Americans are subject to the laws of the country they are visiting, which may be quite different from those of the United States. Laws of foreign countries may be quite restrictive compared to U.S. laws, particularly in the areas of free speech and freedom of movement. Guarantees regarding legal procedure and rights of the accused may be completely absent. When an American i…

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