Full Faith and Credit Clause

Full Faith and Credit Clause is a provision in Article Four of the United States Constitution that ensures the states respect the "public acts, records, and judicial proceedings" of all other states. This clause is instrumental in ensuring the smooth functioning of the federal system in the United States.

Overview

The Full Faith and Credit Clause is found in Article IV, Section 1 of the United States Constitution. The clause states that "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State." This means that states must recognize the laws, public records, and court decisions of other states within the United States. The clause is designed to prevent conflicts between states and promote unity and efficiency within the federal system.

Interpretation and Application

The interpretation of the Full Faith and Credit Clause has evolved over time. Initially, it was primarily applied to recognize the judicial decisions of other states. However, in the 20th century, the Supreme Court of the United States expanded its interpretation to include the recognition of legislative acts and public records.

The application of the Full Faith and Credit Clause has been particularly significant in cases involving family law, such as child custody and marriage. For example, it has been used to require states to recognize same-sex marriages performed in other states, even if the state itself does not permit same-sex marriage.

Limitations

Despite its broad mandate, the Full Faith and Credit Clause is not without limitations. The Supreme Court has held that the clause does not require a state to apply another state's law in violation of its own legitimate public policy. This is known as the "public policy exception."

Impact

The Full Faith and Credit Clause has had a profound impact on the legal and political landscape of the United States. It has helped to create a sense of national unity by ensuring that each state respects and recognizes the laws and judicial decisions of the other states.

See also

• Supremacy Clause
• Commerce Clause
• Due Process Clause