Schumer venue reform vs McConnell venue reform (after due consideration, lets do BOTH)

No, you tried to ridicule him with extreme condescension. His question is a really good one. No need to be a jerk all the time.

What’s hard to understand about it?

There is also this to consider:

28 U.S. Code § 1738 - State and Territorial statutes and judicial proceedings; full faith and credit | U.S. Code | US Law | LII / Legal Information Institute.

Yes he did. And you didn’t answer. Then you complained about him not answering.

Do you know what the full faith and credit clause is intended for, and why it was adopted?

Yes. Are you going to answer @FreeAndClear’s question.

It limits the jurisdiction/application of the inferior court to make orders to the judicial circuit it is constituted within. Full faith and credit applies after the validity of jurisdiction for the ruling is validated.

There is also the privileges and immunities clause in the 14th.

Well, to answer your question, wouldn’t your starting point be to understand why our founders put the provision in our Constitution?

I’m not sure I agree with that. Or that I understand what you are saying.

It might be a good idea to start HERE regarding the full faith and credit clause.

For conversation purposes, Article IV was basically adopted to establish a universal rule by which one state may be required to verify and acknowledge the records of another state during a legal proceeding between contesting parties, such as in the collection of a debt. For example, a child support judgment handed down by a court in New York against a party who has moved to Florida to escape making payment may be presented to a court in Florida which is then to take judicial notice of the judgment.

However, the laws of New York under which the judgment arose are not made applicable to residents living in Florida. Likewise, applying Article IV to say the driving laws of one state which may issue a permit under specified conditions cannot be enforced in another state under the full faith and credit provision. One state is not obligated to recognize the driving permit issued by another state.

Anyway, I thought it would be helpful to have a fundamental understanding of the clause in question in order to advance a productive discussion.

I would note that McConnell’s bill limits the reach of an injunction to the limits of the District Court that the Judge is located in.

For example:

image

Judge Kaczmarek is in the Amarillo Division of the Northern District. Under McConnell’s bill, any injunctions he enters would be limited to the Northern District of Texas, which includes Dallas, Fort Worth, Amarillo, Lubbock, Abilene and other areas shown on the above map. Austin, San Antonio, Houston, El Paso, etc. would not be affected.

On appeal, the Fifth Circuit would be able to widen the injunction to include Louisiana, Mississippi and Texas, the three States of the Fifth Circuit.

On further appeal, the Supreme Court would be able to make an injunction nationwide.

2 Likes

Exactly, a jurisdictional limit based on the level of the court and the territory assigned to the court.

3 Likes

Might want to click on that USC link.

I like it.

Right but not a venue Restricted decision . That’s why it was confusing. Thank you for clearing it up.

Thank you but even based on your description the full faith and credit clause would be applicable to this issue.

But @e7alr explained what he meant. So it’s all good.

That would be a waste of time for those who are interested in determining the founders’ intentions for adopting the clause.

JWK

"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law , 1858.

Already established. It’s not a waste of time to understand the law as it stands in 2024.

1 Like

Not “established” at the USC link you provided.

Those who are interested in determining the founders’ true meaning and intentions for which the clause was adopted can do so by reviewing such historical documentation as, Madison’s Notes, The Federalist and Anti Federalist papers, and Elliots Debates.

JWK


The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it.
_____HOME BLDG. & LOAN ASSOCIATION v. BLAISDELL, 290 U.S. 398 (1934)

because it has nothing to do with state laws

1 Like