In the 30-year period from 1957 (when Cowen last wrote on the subject) until 1987 only two major decisions were handed down on the impact of the full faith and credit clause
on interstate choice of law: one progressive and one conservative.
The Full Faith and Credit Clause
touches upon almost all areas of
202, 215 n.2 (1933) (Stone, J., dissenting) ("The mandatory force of the full faith and credit clause
as defined by this Court may be, in some degree not yet fully defined, expanded or contracted by Congress.") (emphasis added).
converse of the rule prescribed under the Full Faith and Credit Clause
Additional proof of the Founders' intent behind the precise wording of the "Full Faith and Credit Clause
" is found in The Federalist Papers.
The language of the Full Faith and Credit Clause
"is so sweeping as to make inevitable the existence of some exceptions to its literal command." (72) Such exceptions have been identified in a variety of contexts, one of which is "where the mandate of lull faith and credit ...
This law was not passed pursuant to the Full Faith and Credit Clause
, but to the Commerce Clause like the CCPA, and it has been deemed constitutional under this congressional power.
Part I of this Comment discusses the drafting and interpretation of the Full Faith and Credit Clause
, and describes its coordination with conflict-of-laws rules.
First, the historical application of the full faith and credit clause
must be assessed to determine its potential role in interstate recognition of same-sex marriages.
[sections] 55.081 and its 20-year limitation period to a foreign-judgment recorded pursuant to the Florida Enforcement of Foreign Judgments Act is an even-handed application of a limitation period as is required by the full faith and credit clause
It is probably worth taking a moment to explain this interpretation, which at a glance could be thought to contradict the plain language of the Full Faith and Credit Clause
. No one paid much attention to the problem of faith and credit to laws (as opposed to judgments) until well into the twentieth century.
Constitution's Full Faith and Credit Clause
requires states to recognize the judicial acts and proceedings of fellow states, and marriage has long been one of the core proceedings that is entitled to interjurisdictional acceptance.