The Extent of Congress’ Power Under the Full Faith and Credit Clause

Rex D. Glensy, Earle Mack School of Law at Drexel University

Abstract

This Note analyzes the enabling provision of the Full Faith and Credit Clause of the U.S. Constitution to determine the extent of Congress’s power thereunder. It traces the meaning of the provision from that intended by the framers of the Constitution through the present day by describing the historical background of the provision’s enactment as well as court decisions and statutes pertaining to it. The Note concludes by articulating a meaning for the enabling provision of the Full Faith and Credit Clause and shows that Congress exceeded its power pursuant thereto when it passed recent legislation limiting the full faith and credit of same-sex marriages.