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Supreme Court — Part 7
Page 68
68 / 107
Prof, Holey, PE Fe
an increased Federal force could take its place.I am convinced that a
bold announcetient by the Administration of its intention to establish a
nation-wide police agency,under constitutional authority, to traile and
apprehend the interstate criminal,would strike terror into the hearts of
the criminal ganga and inspire public suppert ina degree that would lea
to grester cooperation and effectiveness than could be anticipated under .
a mre provisional agreement between State and Federal authorities.
I de net profess to be an expert upon Constitutional Law,althoug ,: -
the investigation ef constitutional questions has been a pleasant feature
=P one eee tine Tanansa Towa tA mak aah em ow amd dan senda tha of the
learned Attorney General and his able assistants,if they should deem ny
suggestions illusory.I would defer aise to the conelusions of Senator
Copeland,whose thoughtful study and courageous leadership of the war
against erime has added to the esteem in which he is held throughout the
nation, I merely want to invoke their judgment upon the merits of uy
suggestions.
The assimption that a Federal agency with power to arrest and ,
delivar up fugitives would he: dreated in Gerogation af the police pover ‘ a
of the States, in my opinion, rests upon a wiz ‘conception of ‘the nature of
the Gpnatitutional provision. This provision,as I read it, is not a grant
of power to the States,nor is it a reservation of power unto them.On the -..._—.
contrary,it is a delegation of grant of power to the Federal Governnent,
one which, according to the Sunrene Court,uay be uade cxelusiwo of State
authority
Tn one particular,the extradition alause is unique;it ts the .
only vrovision in the Constitution which expressly authorizes the rere we
formance of a specific duty under the Federal Constitution by a State . fo
official By its torma,the executivea unvthority of the State where the on
crime was committed is the one to demand extradition, but there is ne ae,
such linitation as to those wie way be authorized to srreat and deliver |
same RA Feat eee Min Tan bn btian a Font Meee be bn nw eb nt bh eet oe
My VAbo 2M EU ELI OD eA RO SO wis potent =) VA ee CU le sut
of the State where the fugitive is found 1s wholly statutory and is su
ject to change.Now,if the framers of the Constitution had intended to _
make extradition a prerogative of the States only, it is a reasonable “er
inference that they would have specifically designated the executive ae
suthority of the State where the fugitive is found as the one to arreat .~
and deliver him up, and such omission may indicate that they foresaw Per
the possibility of "non=cooperation between the States, or other condi- ) _
tions that might arise to make the remedy inadsgquate if its enforcement -
were reatricted solely te State authorities andi therefore, plenary pew=
ers were given Congress to designate the arresting and delivering aue i
thorities,anc to prescribe the procedure necessary to the rendition of ,
the prisoners.Whother or not sacha situation was within their contem= ~~
plation, the language of the provision contains no restriction upon
the powers of Gongress to name the authorities who shall enforce such
provision,or to determine the manner of ita enforcement,
Revertting to the subject of State police pover, I think it will
be conceded that the delegation of a power to the Federal Government
carries with it the pover to cnact enforcing statutes,end omrates as
a linitation upon,or withdrawal of,such power from the body of the law
known as the police pover of the State, a term which embraces the
vr
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