To: NurdlyPeon
And the states do have the right to regulate marraige, the same as they can regulate the production, distribution, and consumption of alcohol. It doesn't mean that states have the right to REDEFINE the chemical composition of an alcohol molecule.
The logic in your last sentence is essentially claiming Congress and states each have a partial right to the same power. That couldn't be more of a misconception. Article 1 Section 8 does not allow for the compromise of any powers. Congress's powers are few and defined as cited in and only in Article 1 Section 8. All other powers not listed are delegated to the states per the 10th Amendment.
There are some things that the states can define inivdually, but there are some things the we need define as a nation; one single, common definition. Marraige is one of those things.
That's fine so long as Article 1 Section 8 is repealed in accordance with the procedures detailed in Article V to include marriage. Otherwise it violates the 10th Amendment.
29 posted on
07/13/2010 10:53:49 AM PDT by
Man50D
(Fair Tax, you earn it, you keep it! www.FairTaxNation.com)
To: Man50D
It doesn't mean that states have the right to REDEFINE the chemical composition of an alcohol molecule. The logic in your last sentence is essentially claiming Congress and states each have a partial right to the same power. That couldn't be more of a misconception.
Not a misconception, a mis-reading (by you). What "same power"? My point is that defining and regulating are two different things. And as far as the states being able to define anything not specifically listed in the constitution as being a federal power, does that mean that states can redefine a mile, a meter, a second, a day, the color blue. There are a zillion and one things that the federal government defines for all states. The constitution does not list every single one of them, because it's impossible. Giving states the absolute power to redefine any thing that is not specifically listed in the constitution would be chaos.
34 posted on
07/13/2010 11:12:52 AM PDT by
NurdlyPeon
(Sarah Palin: America's last, best hope for survival.)
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