The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
120. The States comprising the Union possess equal powers and are
subject to the same limitations. This means, in brief, that they have,
respectively, the same jurisdiction. The sovereignty of one State is
equal to the sovereignty of another. Because of this equality, they
are all subject to the same rules of State comity. The aspects of this
mutual equality are numerous and are the subject of provisions of the
Constitution.[304]
In so far as a State possesses jurisdiction it may exercise
authority.[305] This rule is fundamental in American constitutional
law. The Constitution of the United States confers no new power of
jurisdiction by simply regulating the effect of the acknowledged
jurisdiction over persons and things within a State.[306] Thus a State
cannot make its law valid in another State; the validity of a State law
depends upon the will of the State in which the validity is claimed.
From this it follows that “the jurisdiction of any (State) court
exercising authority over a subject (_i. e._, persons or property) may
be inquired into in every other (State) court when the proceedings in
the former are relied upon and brought before the latter by a party
claiming the benefit of such proceedings.”[307]
So, despite the fourth article of the Constitution as to “full faith
and credit,” and “public acts, records, and judicial proceedings” in
the several States, “a judgment rendered in any State may be questioned
in a collateral proceeding in another State.”[308]
121. This principle is disclosed by examination of the States as civil
and political entities, for:
It is equally well settled that the several States of the Union are
to be considered in this respect as foreign to each other, and that
the courts of one State are not presumed to know, and therefore,
not bound to take judicial notice of the laws of another State.[309]
Therefore, whenever it becomes necessary for a court of one State, in
order to give full faith and credit to a judgment rendered in another
State, to ascertain the effect which it has in that State, the law of
that State must be proved, like any other fact.[310]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account