“instead of resorting to ad hominims to challenge the constitutionally substantiated points that I have made”
You started with the ad hominems with your sarcastic comment to another poster about “having not read...the Constitution”. Because others disagree with you, you resort to the snark and thus opened up that can of worms.
“In other words, Congress cannot make laws to protect one man, one woman marriage any more than it can make laws regulating our 1st Amendment protections.”
Sure they can. And they do. Some are unconstitutional and others are not.
“Congress has no constitutional authority to regulate marriage, have foolishly put their faith in the constitutionally indefensible federal DOMA Act, as opposed to making their own 10th Amendment protected laws to protect one-man, one-woman marriage.”
So, the states have the right to redefine a word that has been culturally accepted for hundreds of years in this country and thousands of years worldwide?
The common sense error that you make is that some states will right foolish laws, even unconstitutional in some cases, yet affirmed by Blue state State Supreme Courts.
The legal and constitutional song you are singing, has long since sailed through the night. You are absolutely incorrect and the Supremacy clause and Necessary and Proper Clauses in the same Constitution you cite have been ruled consistently to defeat your position.
So, we conservatives can do what you are doing. We can pretend we live in a fantasy land and not play in the arena.
The other option is to play by the rules of the game that have been set. Socialist politicians are going to play fool court press and we can either play defense and lose by time and attrition, or we can play by the same set of rules and attempt to win, as they do.
rbmillerjr: "Sure they can. And they do. Some are unconstitutional and others are not."
ROTFL
You're really stepping into it. I'll continue commenting when I stop laughing. Too difficult to type now.
rbmillerjr: "So, the states have the right to redefine a word that has been culturally accepted for hundreds of years in this country and thousands of years worldwide?"
You may have a point. The Supreme Court previously defended traditional marriage with common law, I believe, when they decided against polygamy in Reynolds v. United States in 1878. The problem is that Reynolds did test not the limits of 10th Amendment protected state powers since Utah was still a US Territory, not a state, when the Court decided Reynolds. And I don't know how common law, referenced in the 7th Amendment, relates to the Constitution well enough to know if common law would reasonably trump 10th Amendment protected state powers or not.
But what I do know is the following.
As a consequence of the states long forgetting that they uniquely control what the Constitution says as evidenced by Article V, they have failed to protect traditional marriage from the corrupt federal government with an appropriate amendment. And since the Supreme Court is now arguably controlled by gay-tolerant activist justices, the Court can easily strike down federal DOMA based on the state sovereignty information that I have noted, imo, common law or no common law.
rbmillerjr: "You are absolutely incorrect and the Supremacy clause and Necessary and Proper Clauses in the same Constitution you cite have been ruled consistently to defeat your position."
I rarely reference the Supremacy and Necessary and Proper Clauses. So off hand I don't know what posts you might be talking about. But when I do mention the Supremacy Clause, for example, a clause often cited by Constitution-ignoring liberals, I am usually careful to note that the clause applies only to powers which the states have expressly delegated to Congress via the Constitution. And regulating marriage isn't one of those powers.
Regarding the overall gist of your replies to my previous post, I will again state the following. Although patriots are now blaming Obama and Congress for unconstitutionally big federal government, many patriots have only themselves to blame for evidently not knowing enough about the Constitution, particularly the Founding States' division of federal and state government powers, to have regularly exercised their voting muscle to keep the corrupt federal government from escaping its constitutionally limited-power cage, as is the situation now.