JUSTICE SCALIA, concurring in part and concurring in the judgment.

I concur in the result, and in the portions of the Court's opinion applying 18 U.S.C. § 3182 and overruling Kentucky v. Dennison, 24 How. 66 (1861), insofar as it interpreted the predecessor of that statute. I note that no party before us has asserted the lack of power of Congress to require extradition from a State to a Territory.