entertain them, and should, if they do not infringe federal law or
policy.[128] However, the refusal of a territorial court in Hawaii,
having jurisdiction of the action, which was on a policy issued by a New
York insurance company, to admit evidence that an administrator had been
appointed and a suit brought by him on a bond in the federal court in
New York wherein no judgment had been entered, did not violate this
clause.[129]
The power to prescribe what effect shall be given to the judicial
proceedings of the courts of the United States is conferred by other
provisions of the Constitution, such as those which declare the extent
of the judicial power of the United States, which authorize all
legislation necessary and proper for executing the powers vested by the
Constitution in the Government of the United States, and which declare
the supremacy of the authority of the National Government within the
limits of the Constitution. As part of its general authority, the power
to give effect to the judgment of its courts is coextensive with its
territorial jurisdiction.[130]
JUDGMENTS OF FOREIGN STATES
Doubtless Congress might also by virtue of its powers in the field of
foreign relations lay down a mandatory rule regarding recognition of
foreign judgments in every court of the United States. At present the
duty to recognize judgments even in national courts rests only on comity
and is qualified, in the judgment of the Supreme Court, by a strict rule
of parity.[131]
Section 2. The Citizens of each State shall be entitled to all
Privileges and Immunities of Citizens in the several States.
The Comity Clause
SOURCES
The community of rights among the citizens of the several States
guaranteed by this article is traceable to colonial days. It had its
origin in the fact that the colonists were all subjects of the same
monarch.[132] After the Declaration of Independence was signed, the
question arose as to how to reconcile the advantages of a common
citizenship with a dispersed sovereignty. One element of the solution is
to be seen in the Fourth of the Articles of Confederation, which read as
follows: "The better to secure and perpetuate mutual friendship and
intercourse among the people of the different States in this Union, the
free inhabitants of each of these States, paupers, vagabonds and
fugitives from justice excepted, shall be entitled to all privileges and
immunities of free citizens in the several
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