Category: States' Relations
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Full Faith and Credit
Section 1. Full Faith and CreditFull 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 thereo…
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Adoption Decrees
Adoption DecreesThat a statute legitimizing children born out of wedlock does not entitle them by the aid of the Full Faith and Credit Clause to share in the property located in another state is not surprising, in view of the general principle (to which there are exceptions) that statutes do not hav…
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State Citizenship
Clause 1. State Citizenship: Privileges and ImmunitiesThe Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.State Citizenship and the U.S. ConstitutionResourcesSee AlsoReferencesThis text about <a href="http://…
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Navigable Waters
Property Rights of States to Soil Under Navigable WatersThe "equal footing" doctrine has had an important effect on the property rights of new states to soil under navigable waters 289 and tidally influenced waters.290 In Pollard's Lessee v. Hagan,291 as was observed above, the Court h…
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Private International Law
Private International LawThe historical background of the Full Faith and Credit Clause is furnished by the branch of private law that is variously termed "private international law," "conflict of laws," and "comity." This branch comprises a body of rules, based largely …
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Garnishment Decrees
Garnishment DecreesGarnishment proceedings combine some of the elements of both an in rem and an in personam action. Suppose that A owes B and B owes C, and that the two former live in a different state from C. A, while on a brief visit to C's state, is presented with a writ attaching his…
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State Citizenship Purpose
Origin and Purpose"The primary purpose of this clause, like the clauses between which it is located… was to help fuse into one Nation a collection of independent sovereign States." 148 Precedent for this clause was a much wordier and a somewhat unclear 149 clause of the Articles of Confe…
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Property of the United States
Clause 2. Property of the United StatesThe Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United Sta…
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Judgments
Judgments in GeneralArticle IV, § 1, has had its principal operation in relation to judgments. Embraced within the relevant discussions are two principal classes of judgments. First, those in which the judgment involved was offered as a basis of proceedings for its own enforcement outside the s…
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Penal Judgments
Penal Judgments: Types Entitled to RecognitionThe Full Faith and Credit Clause has been interpreted in the light of the "incontrovertible maxim" that "the courts of no country execute the penal laws of another." 97 In the leading case of Huntington v. Attrill,98 however, the Cour…
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State Citizenship Implementation
How ImplementedThe Privileges and Immunities Clause is self-executory, that is to say, its enforcement is dependent upon the judicial process. It does not authorize penal legislation by Congress. Federal statutes prohibiting conspiracies to deprive any person of rights or privileges secured by state…
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Disposing of Property
Methods of Disposing of PropertyThe Constitution is silent as to the methods of disposing of property of the United States. In United States v. Gratiot,300 in which the validity of a lease of lead mines on government lands was put in issue, the contention was advanced that "disposal is not lett…
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Enforcement of Judgments
Jurisdiction: A Prerequisite to Enforcement of JudgmentsThe jurisdictional question arises both in connection with judgments in personam against nonresident defendants to whom it is alleged personal service was not obtained in the state originating the judgment and in relation to judgments in rem ag…
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Foreign Judgments
Fraud as a Defense to Suits on Foreign JudgmentsWith regard to whether recognition of a state judgment can be refused by the forum state on other than jurisdictional grounds, there are dicta to the effect that judgments for which extraterritorial operation is demanded under Article IV, § 1 and …
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Citizens of Each State
Citizens of Each StateA question much mooted before the Civil War was whether the term could be held to include free Negroes. In the Dred Scott case,171 the Court answered it in the negative. "Citizens of each State," Chief Justice Taney argued, meant citizens of the United States as under…