rs only to final
judgments and does not include intermediate processes and writs; but the
assumption would seem to be groundless, and if it is, then Congress has
the power under the clause to provide for the service and execution
throughout the United States of the judicial processes of the several
States.
SCOPE OF POWERS OF CONGRESS UNDER SECTION
Under the present system, suit has ordinarily to be brought where the
defendant, the alleged wrongdoer, resides, which means generally where
no part of the transaction giving rise to the action took place. What
could be more irrational? "Granted that no state can of its own volition
make its process run beyond its borders * * * is it unreasonable that
the United States should by federal action be made a unit in the manner
suggested?"[126]
Indeed, there are few clauses of the Constitution, the merely literal
possibilities of which have been so little developed as the full faith
and credit clause. Congress has the power under the clause to decree the
effect that the statutes of one State shall have in other States. This
being so, it does not seem extravagant to argue that Congress may under
the clause describe a certain type of divorce and say that it shall be
granted recognition throughout the Union, and that no other kind shall.
Or to speak in more general terms, Congress has under the clause power
to enact standards whereby uniformity of State legislation may be
secured as to almost any matter in connection with which interstate
recognition of private rights would be useful and valuable.
FULL FAITH AND CREDIT IN THE FEDERAL COURTS
As we saw earlier, the legislation of Congress comprised in section 905
of the Revised Statutes lays down a rule not merely for the recognition
of the records and judicial proceedings of State courts in the courts of
sister States, but for their recognition in "every court of the United
States," and it further lays down a like rule for the records and
proceedings of the courts "of any territory or any country subject to
the jurisdiction of the United States." Thus the courts of the United
States are bound to give to the judgments of the State courts the same
faith and credit that the courts of one State are bound to give to the
judgments of the courts of her sister States.[127] So, where suits to
enforce the laws of one State are entertained in courts of another on
principles of comity, federal district courts sitting in that State may
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