Constitutional Limitations on State-Court Jurisdiction: A Historical-Interpretative Reexamination of the Full Faith and Credit and Due Process Clauses (Part Two), The

Abstract

INTRODUCTION|In establishing the original meaning of the due process clause of the fourteenth amendment as applied to jurisdictional matters, we are investigating one aspect of the recurrent question whether that clause has a "substantive" component. That is, the rules of jurisdiction enforced against the states in full faith and credit cases and incorporated into the due process clause as sovereignty based limits upon the power of state legislatures in Pennoyer v. Neff are ordinarily viewed as "substantive due process restrictions on legislative power, as distinguished from restrictions that limit the legislature's power to innovate 'procedurally' to affect matters such as notice and opportunity to be heard. Used in this sense the expression "substantive restrictions" includes the "sovereignty based territorial limits," while the phrase "procedural restrictions" excludes them...