Relations Among States

Question 1

What are interstate compacts?

Answer 1

AN interstate compact is an agreement, similar to a treaty or contract, between two or more states. The interstate compact clause allows states to enter into such agreements only with the consent of Congress. However, the only agreements that count as ‘compacts’ and therefore require consent of Congress are those that either affect a power delegated to the federal government or alter the political balance within the federal system.

Question 2

What is the Full Faith and Credit clause?

Answer 2

Art IV Sec 1 provides that full faith and credit shall be given in each state to the public acts, records, and judicial proceedings over every other state.

Question 3

How must judgments be treated under the full faith and credit clause

Answer 3

Full faith and credit requires that out-of-state judgments be given in-state effect. However, in order to qualify, a decision must meet three requirements:

1. the court that rendered the judgment must have had proper jdx over the parties and subject matter
2. The judgment must have been on the merits rather than on a procedural issue.
3. The judgment must be final.

Question 4

How does the full faith and credit clause treat choice of law issues?

Answer 4

The full faith and credit clause is ‘less demanding’ with respect to choice of law (i.e., which state’s laws should apply in a situation when either might).