That's only your opinion, not the the opinion of the courts. Marberry v Madison didn't mention your opinion hasving any weight, only the Supreme Court's opinion.
So what? The 14th Amendment permits Congress to provide the legislation and they have. The courts are going by statute, not by the 14th Amendment. As I said in my earlier post - one bit of legislation -or- a Supreme Court case.
Please, no more strawmen. They burn so quickly.