Consequently, in Cowen's view, if the High Court were correct in Merwin Pastoral that the full faith and credit clause prevented an Australian state court from using forum law to prevent the admission of the laws of another state on the ground of public policy, the same outcome should also be reached in the case of the second part of Phillips v Eyre inasmuch as it also gave undue preference to forum law.
Australian state courts should seek to apply interstate laws as far as possible when it is found to be the law governing the cause of action not only on the basis of trust and respect between coordinate federal units of a single country but also because the Constitution (in the full faith and credit clause) demands it.
judgments, however, the Full Faith and Credit Clause's application
question has been raised: do states have to give full faith and credit
later by the Committee of Style, (202) the Full Faith and Credit Clause
The new, second sentence of the Full Faith and Credit Clause is a
Additional proof of the Founders' intent behind the precise wording of the "Full Faith and Credit Clause" is found in The Federalist Papers.
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.
A full understanding of the legislation's potential unconstitutionality requires an examination of many substantive areas, including the history of the Full Faith and Credit Clause, its interpretation against a background of conflict-of-laws rules, and their combined application to the unique area of marriage.
Part I of this Comment discusses the drafting and interpretation of the Full Faith and Credit Clause, and describes its coordination with conflict-of-laws rules.
The members of the Constitutional Convention essentially adopted the Confederation's version of the full faith and credit clause, but made two fundamental modifications.
The text of the full faith and credit clause, as ratified by the states in 1789, provides for a theoretical framework of federalism that is based on a hierarchical model.