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To: nolu chan
I was about to cite your earlier post of the 1790 Act:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the acts of the legislatures of the several states shall be authenticated by having the seal of their respective states affixed thereto:

Not much of a barrier to secession.

652 posted on 03/10/2004 3:08:14 PM PST by rustbucket
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To: rustbucket
I was about to cite your earlier post of the 1790 Act: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the acts of the legislatures of the several states shall be authenticated by having the seal of their respective states affixed thereto: Not much of a barrier to secession.

Not allowing Congress to set the rules for secession was a barrier.

654 posted on 03/10/2004 3:15:46 PM PST by #3Fan (Kerry to POW-MIA activists: "You'll wish you'd never been born.". Link on my homepage.)
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To: rustbucket
U.S. CONST. Art 4, Sec 1

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Congress may by general Laws prescribe the Manner in which [whatever] shall be proved, and the Effect thereof.

Congress may, and did, prescribe the manner in which State Acts shall be proved (authenticated), the the Effect of said authentication. "The Effect thereof" refers to the effect of the prescribed authentication, not the effect of the State legislative or judicial act.

The Act of May 26, 1790 (1 Stat. 122) states

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the acts of the legislatures of the several states shall be authenticated by having the seal of their respective states affixed thereto:

That the records and judicial proceedings of the courts of any state, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form."

THE MANNER IS WHICH STATE LEGISLATIVE OR JUDICIAL ACTS ARE PROVED (AUTHENTICATED)

THE EFFECT OF PROVING (AUTHENTICATING) STATE LEGISLATIVE AND JUDICIAL ACTS

As the Supreme Court noted in MILWAUKEE COUNTY v. M.E. WHITE CO., 296 U.S. 268 (1935), Congress exercised its power in this regard, and the Act of Congress "provides the manner of proof of judgments of one state in the courts of another." The clause deals with the authentication of documents for recognition in the courts of another state. Once authenticated (proved to be true documents) as prescribed by law, such documents "shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from which they are taken."

662 posted on 03/10/2004 6:27:41 PM PST by nolu chan
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