Isabella Carter
The Full Faith and Credit Clause, which is part of Article IV, Section 1 of the United States Constitution, addresses the duty that states within the United States have to respect the laws, records, and judgments of other states. The clause's interpretation and application have evolved over time, with some legal scholars arguing that it gives Congress the power to nullify the command that full faith and credit be given. The Full Faith and Credit Clause has also been invoked in debates around same-sex marriage recognition across state lines, with the Supreme Court legalizing it nationwide in 2015.
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What You'll Learn
The Full Faith and Credit Clause
The clause was created to prevent conflict among states and ensure the dependability of judgments across the country. This was particularly important on the borders of contiguous states, where individuals could otherwise cross state lines to relitigate issues that did not receive favourable judgments. This would result in states having different judgments that could cause competition among states.
However, the Full Faith and Credit Clause does not require one state to substitute a conflicting statute from another state for its own statute, even if that statute is of controlling force in the courts of the state of its enactment. The Supreme Court has recognised a "public policy exception" to the clause, applying it differently for state judgments and state laws. For example, federal courts have been reluctant to force a state to enforce the pronouncements of another state if they contravene its own public policy.
The clause's application to state-sanctioned same-sex marriages, civil unions, and domestic partnerships is unresolved. In 1996, the US Congress enacted the Defense of Marriage Act (DOMA), which defined marriage as being between one man and one woman for federal purposes and allowed states to refuse to recognise same-sex marriages performed in other states. Some scholars viewed DOMA as a violation of the Full Faith and Credit Clause, while others disagreed. The Supreme Court ultimately struck down DOMA as a violation of the Constitution's Equal Protection Clause and did not address the Full Faith and Credit Clause in its decision.
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The Constitution's federalist structure
The US Constitution establishes a system of "dual sovereignty", with power shared between the federal government and the states. This concept, known as federalism, is a basic principle of the Constitution, and it allows each state to maintain its own government.
The Constitution grants certain powers to the federal government, while reserving others for the states or the people. This is outlined in the Tenth Amendment, which states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
The specific powers of the federal government are outlined in Article I, Section 8, and are referred to as enumerated powers. These include the power to regulate commerce, coin money, declare war, and raise and support armies. Over time, federalism has evolved through four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present day.
The Full Faith and Credit Clause, found in Article IV, Section 1 of the Constitution, is an example of the federalist structure in action. This clause addresses the duty of states to respect the "public acts, records, and judicial proceedings of every other state". It states that "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State". However, it also gives Congress the power to prescribe the manner in which such acts, records, and proceedings shall be proved and the effect thereof. This has led to debates over the interpretation of the clause, as it seems to give Congress the power to nullify the command of full faith and credit.
The Full Faith and Credit Clause has been the subject of several legal debates and interpretations. One notable example is the 1996 Defense of Marriage Act (DOMA), which allowed states to refuse to recognize same-sex marriages performed in other states. Legal scholars debated whether this provision violated the Full Faith and Credit Clause, with some arguing for a violation and others disagreeing. Ultimately, the Supreme Court struck down DOMA as a violation of the Constitution's Equal Protection Clause, without addressing the Full Faith and Credit Clause.
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Congress's power to nullify
The Full Faith and Credit Clause, or Article IV, Section 1 of the United States Constitution, outlines the duty of individual states to respect the "public acts, records, and judicial proceedings of every other state". The clause states:
> "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof."
The clause's interpretation and application have evolved over time, with courts and legal scholars offering various interpretations. The clause appears to create a self-executing constitutional directive, but the following sentence grants Congress the power to nullify this directive by prescribing the manner in which state acts and judgments "shall be proved, and the Effect thereof". This power of Congress under the second sentence of the clause has been described as "untested and practically unexercised".
The Full Faith and Credit Clause has been particularly relevant in the context of family law, where each state has slightly different laws about marriage. Until recently, same-sex marriages legalised in one state were not always recognised in other states. In 1996, Congress passed the Defense of Marriage Act (DOMA), which defined marriage as between one man and one woman for federal purposes and allowed states to refuse to recognise same-sex marriages performed in other states. The Supreme Court ultimately struck down DOMA as a violation of the Constitution's Equal Protection Clause, but it did not address the Full Faith and Credit Clause.
The clause has also been interpreted to allow Congress to require federal and territorial courts to apply the same full faith and credit principles as state courts. This interpretation gives Congress the power to determine the legal effect of state acts, records, and proceedings in federal courts.
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The clause's application to same-sex marriage
The Full Faith and Credit Clause, as outlined in Article IV, Section 1 of the United States Constitution, dictates that each state must respect the "public acts, records, and judicial proceedings" of every other state. This clause has been a topic of debate regarding its application to same-sex marriage, with some scholars arguing that it could be used to protect the rights of same-sex couples.
Historically, the recognition of same-sex marriages performed in one state by other states was not guaranteed, and Congress attempted to use the Full Faith and Credit Clause to slow the recognition of these marriages by passing the Defense of Marriage Act (DOMA) in 1996. DOMA defined marriage as between one man and one woman for federal purposes and allowed states to refuse to recognize same-sex marriages performed in other states. The Supreme Court's decision in United States v. Windsor struck down DOMA as a violation of the Constitution's Equal Protection Clause, but it did not address the Full Faith and Credit Clause.
In 2015, the Supreme Court's ruling in Obergefell v. Hodges legalized same-sex marriage nationwide, citing the Due Process and Equal Protection provisions of the Fourteenth Amendment. This decision rendered moot the question of whether the Full Faith and Credit Clause applied to state-sanctioned same-sex marriages. However, it is worth noting that the Supreme Court has not explicitly addressed the role of the Full Faith and Credit Clause in same-sex marriage recognition.
While the clause's direct application to same-sex marriage may remain unresolved, it has been invoked in related contexts. In March 2016, the Supreme Court ruled in V.L. v. E.L. that under the Full Faith and Credit Clause, Alabama must recognize the adoption decree granted to a same-sex couple by a Georgia state court, regardless of the reasoning behind the decree. This ruling suggests that the Full Faith and Credit Clause can be used to protect the rights and recognition of same-sex couples in certain circumstances.
Additionally, the Respect for Marriage Act, which repealed DOMA, is argued by its author, Senator Tammy Baldwin, to derive its constitutional authority from the Full Faith and Credit Clause. This act requires the federal government to recognize the validity of same-sex and interracial marriages and protect religious liberty. While the direct application of the Full Faith and Credit Clause to same-sex marriage may not have been explicitly settled by the Supreme Court, its principles and interpretations have influenced and shaped the legal landscape surrounding this issue.
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The clause's interpretation
The Full Faith and Credit Clause, also known as Article IV, Section 1 of the United States Constitution, outlines the duty of states within the US to respect the "public acts, records, and judicial proceedings of every other state".
The interpretation of the clause has evolved over time, with early interpretations focusing on the recognition of judgments and records from other states. For example, in the 1813 case of Mills v. Duryee, the Supreme Court ruled that judgments from out-of-state courts must be given the same conclusive effect in other states as they have in the issuing state. This interpretation was further reinforced in the 1940 case of Pacific Employers Insurance v. Industrial Accident, where the Court stated that the clause "precludes any inquiry into the merits of the cause of action, the logic or consistency of the decision, or the validity of the legal principles on which the judgment is based".
However, the application of the Full Faith and Credit Clause is not always straightforward. One area of contention is its impact on same-sex marriage recognition across state lines. While the Supreme Court legalised same-sex marriage nationwide in 2015, some states continued to refuse to recognise these marriages performed in other states. The clause's application in this context remains unresolved, with legal scholars debating whether it requires states to recognise same-sex marriages performed in other states.
Another interpretation of the clause relates to the power of Congress to nullify the command of full faith and credit. The clause states that "Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof". This has been interpreted to mean that Congress has the authority to determine how acts, records, and proceedings from one state are recognised and enforced in another state. However, the limits of this power remain untested, and it is unclear whether Congress can enact legislation allowing states to refuse to recognise specific categories of acts or records.
Overall, the Full Faith and Credit Clause plays a crucial role in ensuring cooperation and respect between states within the US. While the interpretation of the clause has evolved over time, it continues to serve as a foundation for interstate relations and the recognition of judgments, records, and laws across state lines.
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Frequently asked questions
Article IV, Section 1 of the United States Constitution, also known as the Full Faith and Credit Clause, mentions "Full Faith and Credit".
The Full Faith and Credit Clause addresses the duty of states within the United States to respect the "public acts, records, and judicial proceedings of every other state". It requires each state to pay attention to the other states' statutes, public records, and court decisions.
The Full Faith and Credit Clause attempts to address the challenges associated with each American state having its own legislature, judiciary, and executive branch. It aims to prevent conflict among states and ensure the dependability of judgments across the country.
