(2) A 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
the Crime.
COMMENTARY:
If a person commits a crime in one state and flees to another state, the governor of the
state in which the crime was committed can demand that the fugitive be handed over. The
process of returning an accused person is called extradition. In a few cases, a governor has
refused to extradite. The governor might do so because the crime was committed many years
ago, or because he or she believes the accused would not get a fair trial in the other state.
(3) [No 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
Labour may be due.]
COMMENTARY:
A “person held to service or labor” was a slave or an indentured servant (a person bound
by contract to serve someone for several years). No one is now bound to servitude in the
United States, so this part of the Constitution, being superseded by the 13th Amendment, no
longer has any force.
Article IV
Section 3
FEDERAL-STATE RELATIONS
(1) New States may be admitted by the Congress into this Union; but no new State shall be
formed or erected within the Jurisdiction of any other State; nor any State be formed by the
Junction of two or more States, or Parts of States, without the Consent of the Legislatures of
the States concerned as well as of the Congress.
COMMENTARY:
New states cannot be formed by dividing or joining existing states without the consent
of the state legislatures and Congress. During the Civil War (1861-1865), Virginia fought for
the Confederacy, but people in the western part of the state supported the Union. After West
Virginia split from Virginia, Congress accepted the new state on the ground that Virginia
had rebelled.