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Which of congress's enumerated powers allows it to legislate and define marriage?

 

Strawman

 

Elaborate?

 

I didn’t say congress had an enumerated power to.

 

Nope general welfare anything that directly benefits all Americans. Anything that goes to a specific person is individual welfare not general welfare.

 

So we agree that congress has no power to legislate and define marriage.

 

I never claimed otherwise. I corrected the poster who claimed states could. They are bound by the US constitution, and can’t ban participation based on race, religion or gender. Which is why interracial marriage bans were struck down, and why same sex couple bans were struck down.

 

What does the constitution have to say about marriage in the several sovereign states?

 

14th amendment precludes banning interracial couples or same sex couples.

 

1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

2: Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,15 and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. affects 2

3: No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

4: The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Which part addresses marriage in any of the sovereign states?

 

Part 1

 

Like the right to keep and bear cannon?

 

Huh?

 

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws"
Like the right to keep and bear cannon.

 

That isn’t any clearer. What does the right to keep and bear a cannon have to do with anything I said?

 

It's a right. Like the right to marry whomever you like. Same thing.

 

Ok?

 

Yes, very ok. The 14th gives us all the right to own cannon. And marry whomever we wish.

 

The 2nd gives us the right to own the cannon. The 14th precludes banning same sex or interracial couples from marriage.

 

Um, no. The 14th gives us the right to own cannon.

 

Cannon as in arms? Or some other type of cannon? If it’s arms you are talking about then no, the 2nd A covers that.

 

I think it's reasonable to disagree with the Supreme Court on what is and isn't constitutional.

You probably disagree with them on Citizens United for instance.

 

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws"
Like the right to keep and bear cannon.

 

I’ll ask one last time. Cannon as in an arm? If so, then no. The second covers that.