“I knew that. And I also knew that Article VIII Section I gave the fed gov the power to regulate morality.
Of course, that ain’t in there and I’m not pushing a damned thing.”
And so what is your explanation of Reynolds vs United States? Are you going to try to shoehorn that into your catchall category of progressivism?
Reynolds v US is the 1878 decision supporting federal anti-polygamy legislation, the Morrill Anti-Bigamy Act that based its judgement in English common law dating back to James I.
This is a decision based on Mormon practices that predate the Civil War, hardly within the Progressive era. And like DOMA it defines the limits of marriage.
What's yours of Dred Scott or Roe V Wade or the obamacare ruling. Sometimes they get it wrong and over reach. The wording of the constitution is quite clear.