balanced the exacting nature of the Full Faith and Credit Clause with
relaxed the requirements of the Full Faith and Credit Clause when it
exception" to the Full Faith and Credit Clause, which permits a
Sack, Domestic Violence Across State Lines: The Full Faith and Credit Clause, Congressional Power, and Interstate Enforcement of Protection Orders, 98 NW.
23, 2004) ("We clarified the full faith and credit clause to mean that States do not need to recognize same-sex marriages performed and validated in other States.
222, 232-33 (1998) ("The Full Faith and Credit Clause does not compel 'a state to substitute the statutes of other states for its own statutes dealing with a subject matter concerning which it is competent to legislate.
The new, second sentence of the Full Faith and Credit Clause is a
nothing on the face of the Full Faith and Credit Clause even remotely
A careful reading of the Full Faith and Credit Clause reveals that the Constitution empowers Congress, not the Supreme Court, to declare the effect of one state's laws on the laws of her sister states.
In this matter of fundamental constitutional importance, it is crucial to understand precisely not only what the Full Faith and Credit Clause was intended to do but what it was not intended to do.
The language of the Full Faith and Credit Clause "is so sweeping as to make inevitable the existence of some exceptions to its literal command.
In his concurring opinion, Justice Stone went as far as to say that the Full Faith and Credit Clause "should be interpreted as leaving the courts of New Hampshire free, in the circumstances now presented, either to apply or refuse to apply the law of Vermont, in accordance with their own interpretation of New Hampshire policy and law.
More importantly, the application of a time limit shorter than 20 years on judgments recorded pursuant to the act is discriminatory and would violate the commands of the full faith and credit clause
And an unexpected difficulty appeared: Taking the language of the Full Faith and Credit Clause literally would lead to "the absurd result that, wherever the conflict arises, the statute of each state must be enforced in the courts of the other, but cannot be in its own.
One possibility was to hold that the Full Faith and Credit Clause demands the use of particular choice-of-law rules.