he _lex fori_, but ought to be in some measure at least placed on
the higher plane of constitutional obligation. In fulfillment of this
intent the section now under consideration was inserted, and Congress
was empowered to enact supplementary and enforcing legislation.
THE ACTS OF 1790 AND 1804
Congressional legislation under the full faith and credit clause, so far
as it is pertinent to adjudication thereunder, is today embraced in
section 687 of Title 28 of the United States Code, which consolidates
the acts of May 26, 1790 and of March 27, 1804.[2] "The acts of the
legislature of any State or Territory, or of any country subject to the
jurisdiction of the United States, shall be authenticated by having the
seals of such State, Territory, or country affixed thereto. The records
and judicial proceedings of the courts of any State or Territory, or of
any such country, shall be proved or admitted in any other court within
the United States, by the attestation of the clerk, and the seal of the
court annexed, if there be a seal, together with a certificate of the
judge, chief justice, or presiding magistrate, that the said attestation
is in due form. And the said records and judicial proceedings, so
authenticated, shall have such faith and credit given to them in every
court within the United States as they have by law or usage in the
courts of the State from which they are taken."
FORCE AND EFFECT OF SAME
Several points clearly emerge: (1) the word "effect" is construed as
referring to the effect of the records when authenticated, not to the
effect of the authentication; (2) the faith and credit which is required
by the rules of private international law is superseded as to "the
records and judicial proceedings" of each State by a rule of complete
obligation; as to these the local policy of the forum State can validly
have no application. On the other hand, (3) while the act of 1790 lays
down a rule for the authentication of the statutes of the several
States, it says nothing regarding their extraterritorial operation; and
(4) it is similarly silent regarding the common law of the several
States. These silences, however, have been repealed, in part, by
judicial decision. (_See_ pp. 675-682.)
Judgments: The Primary Concern of the Provision
TWO PRINCIPAL CLASSES OF JUDGMENTS
Article IV, section 1, has had its principal operation in relation to
judgments. The cases fall into two groups: First, those in
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