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Theoretical Constitutional Constraints on Choice of Law

Theoretical Constitutional Constraints on Choice of Law

Learn about the Full Faith and Credit Clause, Due Process Clause, Privileges and Immunities Clause, and why--at least in theory--they could constrain state choice-of-law decisions.


Transcript

In this lesson, we'll examine three federal constitutional provisions: the Full Faith and Credit, Due Process, and Privileges and Immunities Clauses. We’ll also explore why these provisions might constrain states' choice-of-law decisions.

Choice of law is usually left to the states. But like everything else, state choice-of-law decisions are subject to the U.S. Constitution. If choice-of-law decisions and the Constitution interact, it's almost always because a state court has applied forum...