NCJ Number
170795
Journal
New England Journal on Criminal and Civil Confinement Volume: 23 Issue: 2 Dated: (Summer 1997) Pages: 497-528
Date Published
1997
Length
32 pages
Annotation
This Comment examines the constitutionality of the United States extradition statute and concludes, notwithstanding its operation for 150 years, that it violates the principle of separation of powers.
Abstract
The Comment gives a brief historical overview of extradition as part of international law. It also examines the procedure followed in extradition cases in order to analyze the role of the executive and legislative branches in the extradition process. The Comment includes an in-depth analysis of the decision in Lobue v. Christopher, a Washington, DC, district court case showing the extradition statute to be unconstitutional. This section pays particular attention to the separation of powers principle as well as the political question doctrine. The concluding section recommends an alternative to the present extradition scheme. The repugnancy of the statute could be avoided by making the decisions of extradition judges final and binding by ensuring that the Secretary of State makes the initial determination as to the extraditability of an individual. Any extradition scheme must follow the long-established constitutional principle that a law repugnant to the Constitution is void. Notes