Congress’s Power under the Full Faith and Credit Clause and the Defense of Marriage Act of 1996

I. Introduction II. Defense of Marriage Act ... A. The Perceived Threat of a “Tyrannical Hawaii” ... B. Defense of Marriage Act ... C. Debate over the Defense of Marriage Act III. Textual Defense of the Ratchet and Procedures Theories of Full Faith and Credit ... A. Interpreting “Full Faith and Credit shall be given” … B. Interpreting “the Effect thereof” ... C. Interpreting “Congress may prescribe the Manner” IV. Historical/Interpretive Defense of the Ratchet and Procedures Theories ... A. Drafting and Adoption of the Full Faith and Credit Clause ... B. Madison and the Ratchet Theory ... C. Modern Commentary and the Procedures Theory ... D. Prior Exercise of Congress’ Full Faith and Credit Authority V. Reasoning by Analogy—Comparing Congress’s Full Faith and Credit Power to Other Constitutional Provisions ... A. Fourteenth Amendment Comparison: Unambiguous One-Way Ratchet Defining Congress’s Power to Enforce the Fourteenth Amendment ... B. Article I Comparison: Unambiguous Power to Make Exceptions to Constitutionally Authorized Federal Jurisdiction ... C. Qualifications Clause Comparison: Limited Power to Administer Procedural, not Substantive, Regulations ... D. Fugitive Slave Clause Comparison: (Mis)Reading Congressional Power into Constitutional Silence VI. Constitutional Principles Behind the Full Faith and Credit Clause VII. Conclusion: Anticipating DOMA’s Day in Cour