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To: butterdezillion

Yes I understand what you wrote about Section 338. I think our replies are getting crossed. But I don’t understand your reference to the full faith and credit clause. Where is the requirement that a document issued by a state must be certified by that state in order to be recognized by another state? I don’t see a certification on my driver license. I don’t see any requirement that a document from one state to be relied on by another state must be certified. Aside from financial implications of the full faith and credit clause, I find it applies to acts of legislation and judicial proceedings.


109 posted on 04/25/2024 1:39:42 PM PDT by Kathy in OC
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To: Kathy in OC

I accidentally sent Freepmail to you that I meant to post here. Sorry about that.

I’m putting it here on the board so anybody can see it:

Full Faith and Credit Clause says, “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 prescribed “the manner in which they shall be proved” in 28 U.S.C. § 1738, which can be found at https://www.law.cornell.edu/uscode/text/28/1738 That only deals with legislative and court records but the principle is that there needs to be a way of authenticating records.

Driver’s licenses issued by different states have different authentication/verification features. You can read more about that at https://ftxidentity.com/blog/how-to-spot-a-fake-id/ . It doesn’t involve seals but does involve holograms, bar codes, etc.

At https://www.usbirthcertificates.com/articles/how-to-determine-birth-certificate-official it says “or official purposes, you will always need to obtain a certified copy of your birth certificate from the department of health or your vital records office where the birth was recorded. “ and “ne of the main things that will help you determine if your certified birth certificate is official is a government seal. Look for the seal and if you can’t find one it means you have an informational copy only...Depending on the state where you were born, the seal might be raised or embossed, multicolored, or impressed into the paper. Additionally, besides the seal look out for the signature of the state, county or city registrar on it. .”

I doubt that there is any state in the US that will allow an uncertified statement of birth facts to be effective for official purposes. There’s just no way to authenticate that the document even means anything.

And putting somebody on the state ballot is an official purpose. Submitting a document into court is an official purpose.

Something non-certified is garbage, and you can’t issue a certification without certifying it. Certifying it is the pre-requisite for it to be a “certification” In Administrative Rules Chapter 8b, 2.4b the form of “certification” is the certifying statement, signature, and raised seal. In that document that is what meant by “certification”.


113 posted on 04/25/2024 2:43:52 PM PDT by butterdezillion
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