In Dennison v. United States, 1897, the U.S Supreme Court ruled on a case involving extradition between states. The defendant was charged with kidnapping in Ohio and fled to Kentucky where he was arrested. However, the Governor of Kentucky refused to extradite him back to Ohio for trial. The federal government intervened and attempted to force his return under Article IV Section II Clause 2 of the Constitution which provides for interstate rendition of fugitives from justice. The court held that while it is constitutionally permissible for one state's executive authority (the governor) to demand extradition from another state's executive authority, there is no constitutional or legal mechanism by which this can be enforced if the second state refuses compliance. Therefore, although it may be seen as an obligation under "comity" among states within a federation like America’s Union; such obligations are not enforceable by federal courts or Congress itself. This ruling established precedent limiting federal power over individual states' rights in matters relating directly between them until its reversal later in Puerto Rico v Branstad (1987).

In the dissenting opinion for Dennison v. United States, Justice Harlan argued that the majority's decision to uphold a law prohibiting polygamy in Utah was unconstitutional. He believed that this law violated citizens' religious freedoms as protected by the First Amendment of the Constitution. According to him, while it is true that Congress has power over territories not yet admitted as states, such power does not extend to infringing upon fundamental rights and liberties of individuals residing therein. He further contended that if Congress can prohibit certain practices based on their moral implications or societal effects, then there would be no limit to its powers - an outcome contrary to what framers intended when they drafted constitution with checks and balances system in place.