the birther bills (Barack Obama, money, claim, support)
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Here is the full faith and credit clause from the US Constitution:
A state issued "short form" birth certificate is a "public record."
A state cannot demand a different certificate from the one that another state chooses to issue.
If Arizona wants a birth certificate, and Hawaii issues a COLB, then Arizona must accept that COLB as legal proof of the information it contains.
Thanks.
Does the full faith section refer to judicial proceeding and accepting records or stautory?
The reason i ask the court interperations I have read on it deal with
According to the Supreme Court, there is a difference between the credit owed to laws (i.e. legislative measures and common law) as compared to the credit owed to judgments.[1] Judgments are generally entitled to greater respect than laws, in other states.[2] At present, it is widely agreed that this Clause of the Constitution has little impact on a court's choice of law decision,[3] although this Clause of the Constitution was once interpreted differently.[4] Federal statutory law provides that:
Such Acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within the US and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which they are taken.[5]
I interpret this to mean that judgments which is the birth certificate a judgment? to have greater respect than these laws being made by the states
Would the USOC read the birth ceritficate as a record of judgment?
Please understand I ma not arguing at this point either side of the issue just trying to graps it first
I'm not interested in the discussion of whose birth certificate says what.
I am interested in your opinion of how the full faith and credit clause applies here
easily.
all states must accept and respect documents from other states as fact if they meet a federal standard.
Thanks.
Does the full faith section refer to judicial proceeding and accepting records or stautory?
I'm not sure what you are asking there. It's not necessarily an either/or issue... though I admit that the way you phrase the question does not give me confidence you are asking an either/or question. I am similarly confused by this comment:
Quote:
Originally Posted by wjtwet
I interpret this to mean that judgments which is the birth certificate a judgment? to have greater respect than these laws being made by the states
Question marks in the middle of sentences leave a lot to be desired when it comes to clarity. So if I am completely misinterpreting you, let me know.
The full faith and credit clause does not require one state to change its own laws to satisfy the conflicting laws of another state. That is the "statutory" issue at play.
But it does require one state to accept 1) the legal decisions of another state as binding on the case decided, and 2) the records of other states as full evidence of the details to which they attest.
Quote:
Originally Posted by wjtwet
Would the USOC read the birth ceritficate as a record of judgment?
The US Olympic Committee? No idea.
But for any US court, the birth certificate would be (as it notes on the certificate itself) prima facie evidence of the details to which it attests.
In the case of President Obama's (or any other Hawaiian's) birth certificate, place and date of birth are the comprehensive details relevant to his eligibility for the presidency. And as such, it perfectly meets the needs for establishing legal proof of those details.
If he acted more like a mainstream American , there wouldn't be a problem . Many people think he is purposely hurting the country.
Then they should not vote for him.
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