The Full Faith and Credit Clause ensures states recognize each other's judgments and public acts. This promotes national unity and prevents re-litigation of decided issues across state lines. It's a key part of our federal system.

The clause covers various judgments like money awards, child custody orders, and divorce decrees. It also extends to public acts like state laws. However, there are limits, such as not enforcing other states' criminal laws.

Full Faith and Credit Clause

Constitutional Requirement

• The Full Faith and Credit Clause, found in Article IV, Section 1 of the U.S. Constitution, requires each state to give "full faith and credit" to the public acts, records, and judicial proceedings of every other state
• This clause ensures that judgments rendered by the courts of one state are recognized and enforced by the courts of other states, promoting national unity and preventing re-litigation of decided issues (res judicata)
• The Full Faith and Credit Clause applies to various types of state judgments, including money judgments, child custody orders, and divorce decrees
• The clause also extends to public acts, such as state laws and regulations, ensuring that they are respected and given effect across state lines

Scope and Limitations

• The Full Faith and Credit Clause does not require a state to substitute another state's law for its own law on a particular issue if doing so would violate the state's legitimate public policy
• States are not obligated to enforce the penal laws (criminal laws) of other states, as criminal jurisdiction is generally limited to the state where the offense occurred
• The clause does not apply to judgments or public acts that are obtained by fraud, lack jurisdiction, or violate due process

Rationale for Full Faith and Credit

Historical Context

• The Full Faith and Credit Clause was included in the Constitution to address the challenges faced by the newly formed United States, which consisted of separate states with distinct legal systems
• The clause aimed to prevent states from disregarding or undermining the legal decisions and public acts of other states, which could lead to conflicts and hinder national unity
• The historical rationale behind the clause can be traced back to the Articles of Confederation, which contained a similar provision but lacked a strong enforcement mechanism
• The Full Faith and Credit Clause in the Constitution strengthened the requirement and provided a constitutional basis for enforcing interstate recognition of judgments and public acts

Promoting National Unity and Interstate Cooperation

• By requiring states to recognize and enforce the judgments and public acts of other states, the Full Faith and Credit Clause promotes interstate cooperation and ensures the smooth functioning of the federal system
• The clause fosters a sense of national unity by treating the United States as a single, integrated legal system rather than a collection of independent states
• It prevents parties from relitigating issues that have already been decided in one state, conserving judicial resources and promoting finality in legal proceedings
• The Full Faith and Credit Clause facilitates the free movement of individuals and businesses across state lines by ensuring that legal rights and obligations are respected and enforced nationwide

Judgments and Acts Subject to Recognition

Types of Judgments

• Money judgments, which are court orders requiring the payment of a specific sum of money, are subject to recognition and enforcement under the Full Faith and Credit Clause (compensatory damages, punitive damages)
• Child custody orders, which determine the legal and physical custody of children, must be recognized and enforced by other states pursuant to the clause (joint custody, sole custody)
• Divorce decrees, which dissolve a marriage and address related matters such as property division and alimony, are entitled to full faith and credit in other states (equitable distribution, spousal support)
• Adoption orders, which create a legal parent-child relationship, are subject to recognition under the clause (stepparent adoption, agency adoption)

Public Acts

• State laws and regulations, such as those governing contracts, torts, and property rights, are considered public acts and must be given effect in other states (statute of limitations, elements of a cause of action)
• However, the Full Faith and Credit Clause does not require a state to substitute another state's law for its own law on a particular issue if doing so would violate the state's legitimate public policy (choice of law rules, public policy exception)
• States are not required to enforce the tax laws or revenue laws of other states under the Full Faith and Credit Clause (tax assessments, revenue judgments)

Enforcing Out-of-State Judgments and Acts

Procedural Requirements

• To enforce an out-of-state judgment, the judgment creditor must first obtain an authenticated copy of the judgment from the issuing court
• The judgment creditor then files the authenticated judgment with the appropriate court in the state where enforcement is sought, along with any necessary documentation and fees (notice of filing, affidavit of jurisdiction)
• Once filed, the out-of-state judgment is treated as if it were a judgment issued by a court in the enforcing state, and the judgment creditor can use the enforcing state's legal mechanisms to collect the judgment (writ of execution, garnishment)

Uniform Enforcement of Foreign Judgments Act (UEFJA)

• Some states have adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA), which provides a streamlined process for registering and enforcing out-of-state judgments
• Under the UEFJA, the judgment creditor files an authenticated copy of the foreign judgment with the clerk of the court in the enforcing state, along with an affidavit attesting to the judgment's validity and enforceability
• The clerk then mails notice of the filing to the judgment debtor, who has a specified time period to challenge the enforcement of the judgment on limited grounds (lack of jurisdiction, fraud, due process violations)
• If no challenge is raised or the challenge is unsuccessful, the foreign judgment becomes enforceable as if it were a judgment of the enforcing state