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Article IV, Section 1 Explained: Full Faith and Credit Among States

Written by Santiago Poli on Jan 26, 2024

Navigating legal issues across state lines can be incredibly complex and confusing.

This article will explain the key principles of the Full Faith and Credit Clause in clear, simple terms - including its purpose, key provisions, limitations, and modern applications.

You'll gain an in-depth understanding of this critical Constitutional clause governing interstate relations, jurisdiction, and recognition of laws and rulings between states. We'll review key Supreme Court decisions, exceptions, and current issues to help demystify the Full Faith and Credit Clause's role and effects.

Introduction to Article IV, Section 1: The Full Faith and Credit Clause

Article IV, Section 1 of the US Constitution is known as the Full Faith and Credit Clause. This clause requires states to recognize and enforce judgments, records, and judicial proceedings from other states.

Purpose and Origin of the Full Faith and Credit Clause

The Full Faith and Credit Clause was included in the Constitution to address challenges related to commerce and legal affairs between states under the Articles of Confederation.

Without this clause, states did not have to recognize judgments, records, licenses, and judicial proceedings from other states. This created significant issues. For example, a divorced couple in one state could move to another state and legally remarry if the new state did not recognize the divorce decree.

The framers of the Constitution included this clause to:

  • Facilitate interstate commerce by ensuring the validity of legal transactions across state lines

  • Promote unity between the states

  • Prevent situations where one state refuses to recognize and enforce the court orders of another state

Key Provisions and Requirements

The key effects of the Full Faith and Credit Clause include:

  • States must give full faith and credit to public acts, records, and judicial proceedings of other states

  • Judgments entered in one state can be enforced in other states

  • The clause covers court orders like judgments, divorce decrees, custody determinations, and restraining orders

  • It applies to legal transactions like contracts, mortgages, wills, and adoptions completed in other states

However, while a state must enforce a judgment or order from another state, there are some exceptions. For example, if the issuing court lacked jurisdiction or the judgment violates public policy in the second state.

Scope and Limits of the Clause

The Full Faith and Credit Clause applies to state court rulings on marriage, divorce, child support, and child custody issues. This includes orders of protection issued under the Violence Against Women Act.

However, states can choose not to recognize or enforce same-sex marriages or civil unions performed in other states if they violate public policy. The Supreme Court has recognized some limits to the applicability of the clause.

What does the full faith and credit clause in Article IV Section 1 do?

The Full Faith and Credit Clause in Article IV, Section 1 of the U.S. Constitution requires states to respect the laws, records, and judicial proceedings of other states. Specifically, it says that "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State."

This clause serves several key functions:

  • It ensures that judgments rendered in one state can be enforced in other states. For example, if you win a court case in California, the Full Faith and Credit Clause means that judgment is enforceable in all other states.

  • It prevents states from ignoring each other's laws and judgments. Without this clause, there would be chaos as states could disregard rulings from other states.

  • It helps unify the country under a common set of laws and judgments that apply across state borders. This promotes fairness and dependability in the legal system.

  • It limits "forum shopping" where parties try to get a legal judgment in the state most favorable to their position. The clause discourages this by requiring other states to respect the initial court's ruling.

In essence, the Full Faith and Credit Clause gives legal proceedings in one state the same validity and effect in all other U.S. states. It binds the country together under one cohesive legal system.

What is Article 4 Section 1 in simple terms?

Article IV, Section 1 of the U.S. Constitution is commonly referred to as the "Full Faith and Credit Clause." This clause requires states to respect and honor the laws, records, and court orders of other states.

In simple terms, it means the following:

  • If something is legally recognized in one state, other states must also recognize it. For example, if a couple gets married in State A, State B must recognize the marriage as valid.

  • Court orders issued in one state must be enforced in other states. For example, if someone gets a restraining order in State A, State B must also enforce that order.

  • Judgments issued by courts in one state get "full faith and credit" in courts of another state. So if you win a lawsuit in State A and get a money judgment, you can go to State B to collect on that judgment.

The purpose is to prevent situations where something is legally valid in one state but not another. It ensures uniformity and prevents people from "forum shopping" by going to the state most favorable to their situation.

In essence, Article IV Section 1 binds the states together into one nation with common legal standards and recognition across borders. It is an important part of making sure we have an effective federal system.

Which best explains the full faith and credit clause within Article IV Section 1 of the United States Article IV?

The Full Faith and Credit Clause, found in Article IV, Section 1 of the U.S. Constitution, requires states to recognize and give effect to valid judgments, public records, and acts of state legislatures or courts of other states. This includes things like marriage certificates, adoptions, protective orders, and child support orders.

Specifically, 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.

In other words, if something is legally valid in one state, it must be recognized as valid in all other states as well. This prevents people from avoiding legal obligations by simply moving to another state.

For example, if someone obtains a protective order against a spouse in California, that order would still be valid and enforceable if the spouse moved to Texas. Or if a couple gets divorced and has a custody order in New York, that custody determination would still apply even if one parent relocated to Florida.

The Supreme Court has repeatedly upheld and reinforced the Full Faith and Credit Clause over the years. It prevents states from selectively choosing which rulings from other states to accept. This clause is essential to maintaining rule of law and legal continuity across state borders.

In summary, the Full Faith and Credit Clause requires interstate recognition of documents, records, and rulings, ensuring they remain enforceable no matter where someone moves within the U.S. This upholds the integrity of the country's legal system.

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What does Article IV of the US Constitution mean when it calls for full faith and credit among states group of answer choice?

Article IV, Section 1 of the Constitution, known as the Full Faith and Credit Clause, requires states to respect the "public acts, records, and judicial proceedings" of other states. This means that judgments, court orders, and other legal decisions made in one state are typically enforceable in all other states.

Some key things to know about the Full Faith and Credit Clause:

  • It helps unify the country under one system of law by ensuring that legal matters can be enforced across state lines. Without it, people could avoid legal obligations simply by moving to another state.

  • There are some exceptions - states do not have to enforce laws or court orders that violate their own legitimate public policies. For example, some states may refuse to enforce child custody arrangements made in other states if they violate local public policy designed to protect children.

  • The Supreme Court has ultimate authority to resolve disputes over the scope of the Full Faith and Credit Clause. They determine when states can refuse to enforce out-of-state legal matters.

So in summary, the Full Faith and Credit Clause creates a baseline rule that judgments and legal decisions from one state carry over to all others. This helps unify the country under one legal system, while still allowing some flexibility when local public policy demands it. The Supreme Court referees any disputes.

Understanding Jurisdiction and Interstate Recognition

The Full Faith and Credit Clause plays a critical role in determining when one state must recognize and enforce the laws and judgments of another state. Issues of jurisdiction are central to this analysis.

Principles of Jurisdiction Under the Full Faith and Credit Clause

For a state court's judgment to receive full faith and credit, the court must have had proper jurisdiction over the parties and the subject matter. If jurisdiction was lacking, other states are not required to recognize or enforce the judgment under Article IV, Section 1.

There are limits on a state's exercise of personal jurisdiction. Due process requires that the defendant have sufficient minimum contacts with the forum state. States also cannot exercise jurisdiction in a manner that infringes on the sovereignty of other states.

Subject matter jurisdiction rules vary by state but generally involve the court having authority over the type of case and the geographic boundaries of the controversy.

Issue Preclusion and Res Judicata in Interstate Context

The Full Faith and Credit Clause also applies to the doctrines of issue preclusion and res judicata. When an issue has been fully litigated and decided in one state, another state cannot relitigate the same issue if it arises in a subsequent case, even if involving different parties.

However, issue preclusion only applies if the party had a full and fair opportunity to litigate the issue in the first case. Also, the prior court must have had proper jurisdiction.

For res judicata, a state must give the same preclusive effect to a judgment as the originating state would give it. However, there are some limitations around jurisdiction, choice of law, and public policy.

State Sovereignty and Choice of Law Considerations

While states must respect each other's laws and judgments under the Full Faith and Credit Clause, they still maintain sovereignty over the choice of law within their borders. Courts weigh different state interests using choice of law principles.

In family law, a state court may apply local law rather than the law of a sister state in certain contexts based on public policy factors, such as child custody disputes. States also have latitude around recognizing same-sex marriages from other states if it conflicts with local laws.

Public Policy Exceptions to Full Faith and Credit

There are limited public policy exceptions allowing states to not recognize or enforce sister state judgments. This may come into play with family law or state regulatory actions.

However, the public policy must be very strong and clearly defined for the exception to apply. If a state simply disagrees with another state’s laws or policy choices, that is generally insufficient to avoid full faith and credit requirements. The Supreme Court has narrowly construed this exception.

Key Supreme Court Decisions Interpreting Article IV, Section 1

Article IV, Section 1 of the Constitution, also known as the Full Faith and Credit Clause, has been interpreted in several landmark Supreme Court cases that have defined its scope and application. These cases have helped shape how states must recognize the judgments, records, and judicial proceedings of other states.

Mills v. Duryee and the Establishment of Res Judicata

In 1813, the Supreme Court heard the case of Mills v. Duryee, which involved the question of whether res judicata (the preclusive effect of a judgment) applied between state courts under the Full Faith and Credit Clause. The Court ruled that the judgment of a state court should have the same conclusive effect in other states as it does in the state where it was originally issued. This established important res judicata standards between states.

Thompson v. Whitman and the Bounds of Jurisdiction

The 1873 case Thompson v. Whitman created an important limitation on the scope of the Full Faith and Credit Clause. The Court ruled that the Clause only applies to judgments issued by a court with proper jurisdiction. If a judgment is made without jurisdiction being established, other states do not have to enforce it. This helped define the extent and bounds of enforcing out-of-state decisions.

Baker by Thomas v. General Motors Corp. and Public Policy Limits

In Baker by Thomas v. General Motors Corp. (1998), the Supreme Court affirmed that there is a public policy exception to the Full Faith and Credit Clause. If the law underlying a judgment goes against a state's own legitimate public policy interests, that state does not have to enforce the judgment. However, this public policy exception is interpreted narrowly.

United States v. Windsor and the Defense of Marriage Act

The 2013 case United States v. Windsor overturned a key part of the Defense of Marriage Act (DOMA) that allowed states to refuse to recognize same-sex marriages granted in other states. The Court ruled that this violated the Due Process Clause of the Fifth Amendment. As a result, valid same-sex marriages must now be recognized between states under the Full Faith and Credit Clause.

Modern Applications and Issues under the Full Faith and Credit Clause

This section examines contemporary contexts impacted by Article IV, Section 1 such as interstate recognition of protection orders, child support, and same-sex marriage.

Enforcing Orders of Protection Across States

The Violence Against Women Act (VAWA) provides a federal full faith and credit mandate for protection orders across state lines. This means that a valid protection order issued in one state must be enforced by law enforcement in all other states, as if the order was issued locally.

Key things to know:

  • Protection orders include restraining orders, injunctions, or any other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person.

  • Under VAWA, protection orders meeting certain requirements must be accorded full faith and credit by the court of another state—that is, honored as if the issuing court were a court of the enforcing state.

By mandating full faith and credit for protection orders, VAWA aims to enhance safety and provide greater protection for victims who move or travel to other states.

Interstate Child Support and 28 U.S.C. § 1738B

The Full Faith and Credit for Child Support Orders Act (28 U.S.C. § 1738B) is a federal law requiring interstate enforcement of child support orders. This law specifies:

  • Child support orders issued by a state court must be recognized and enforced by other states.

  • The issuing state has continuing exclusive jurisdiction over child support orders.

  • A state may only modify a child support order issued in another state if certain conditions are met.

By facilitating interstate establishment and enforcement of child support, this law ensures continuity and consistency for child support obligations across state lines.

Civil Unions and Domestic Partnerships Recognition

The Full Faith and Credit Clause has bearing on interstate recognition of civil unions and domestic partnerships. Key issues include:

  • Whether civil unions or domestic partnerships from one state must be recognized as valid in another state.

  • How states define marriage differently, impacting recognition of civil unions and domestic partnerships.

  • Balancing states’ public policy interests with full faith and credit requirements.

After the Supreme Court struck down the federal Defense of Marriage Act (DOMA) in United States v. Windsor, these issues around interstate recognition remain complex and evolving.

Religious Liberty and the Full Faith and Credit Clause

There is potential tension between religious liberty and the Full Faith and Credit Clause's mandate to recognize marriages from other states. Issues include:

  • Balancing recognition of same-sex marriages under the clause with religious objections.

  • Examining religious exemptions to requirements around recognizing out-of-state marriages.

  • Analyzing First Amendment defenses raised regarding recognition based on religious beliefs.

This intersection continues to raise important questions around reconciling constitutional rights and interstate recognition requirements.

Conclusion: The Full Faith and Credit Clause as a Pillar of Interstate Relations

The Full Faith and Credit Clause in Article IV, Section 1 of the Constitution plays a vital role in facilitating harmonious legal relations between the states. By requiring states to respect the "public acts, records, and judicial proceedings" of other states, it ensures judgments and orders carry over state borders. This prevents situations where a person or business could avoid obligations simply by moving between states.

Over time, the Supreme Court has established key precedents on the scope and limits of this clause:

  • Judgments generally receive nationwide full faith and credit through the principle of res judicata. This means sister-state judgments operate as a bar to relitigating the same claims.

  • Choice of law analysis still allows courts to apply their own state's laws in appropriate cases. The clause does not impose a single national legal code.

  • There are some exceptions, like state laws conflicting with federal laws or policies.

In the modern era, the Full Faith and Credit Clause enables key policy goals around marriage equality, child support enforcement, domestic violence protections, and more to apply nationwide regardless of residence. Overall the clause remains a pillar upholding interstate harmony within our federalist system of shared state and national authority.

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