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To: Amendment10
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.

Unlike our present President, I don't claim to be a constitutional scholar. However, the first sentence here is pretty straightforward. Based strictly on it, any state must recognize the marriages that are legal in every other state.

"Congress may by general laws prescribe the manner in which (they) shall be proved" is also pretty clear. It means Congress prescribes the methods by which judicial acts in one state, such as marriages, are to be documented for acceptance by another state.

"Congress may by general laws prescribe ... the effect thereof." is where the interpretation comes in. Given the Founders' notorious suspicion of federal power, I seriously doubt they intended to give Congress the power to exclude certain "public acts, records, and judicial proceedings" from the requirements of the first sentence whenever it so chose. This would give Congress, in essence, the power to decide which "public acts, records, and judicial proceedings" of the states need be accepted by other states. If that was their intent, why didn't they just say so?

I suspect the Defense of Marriage Act is unconstitutional for perfectly conservative and states' rights reasons.

Does Congress have, or should it have, the power to decide which state laws must be respected by other states? Or did the Constitution intend to give Congress the power to regulate how such laws would be communicated between states?

39 posted on 02/12/2014 11:03:24 AM PST by Sherman Logan
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To: Sherman Logan; All
Could you reconsider what I previously posted? Please note that Section 2 of DOMA, which reflects Congress's powers of Article IV, Section 1, still stands even though the Court struck down Section 3.
43 posted on 02/12/2014 11:29:51 AM PST by Amendment10
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