FREE BOOKS

Author's List




PREV.   NEXT  
|<   787   788   789   790   791   792   793   794   795   796   797   798   799   800   801   802   803   804   805   806   807   808   809   810   811  
812   813   814   815   816   817   818   819   820   821   822   823   824   825   826   827   828   829   830   831   832   833   834   835   836   >>   >|  
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effect of the authentication; (2) the faith and credit which is required by the rules of private international law is superseded as to "the records and judicial proceedings" of each State by a rule of complete obligation; as to these the local policy of the forum State can validly have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
PREV.   NEXT  
|<   787   788   789   790   791   792   793   794   795   796   797   798   799   800   801   802   803   804   805   806   807   808   809   810   811  
812   813   814   815   816   817   818   819   820   821   822   823   824   825   826   827   828   829   830   831   832   833   834   835   836   >>   >|  



Top keywords:

States

 

United

 
records
 

judicial

 

credit

 

proceedings

 

authenticated

 
country
 

effect

 

Territory


section

 

attestation

 

obligation

 

authentication

 
operation
 

courts

 

legislation

 

policy

 

application

 

validly


superseded

 

construed

 
referring
 
points
 
emerge
 

judgments

 
complete
 

international

 
private
 
groups

required
 

silences

 
Provision
 
common
 

silent

 

extraterritorial

 
similarly
 
decision
 

Judgments

 
Primary

Concern

 

repealed

 

PRINCIPAL

 

principal

 

relation

 

Several

 
statutes
 

CLASSES

 
Article
 

JUDGMENTS