Right, which is why given there is no enumerated power clause giving them one the federal government has no power to regulate marriage.
The problem is, the states legalized gay marriage at the state level, and DOMA which is invalid under the 9th amendment and powers clause caused a problem.
They should have struck down DOMA and let the states have their choice, as they do under the 9th amendment.
The problem is, the states legalized gay marriage at the state level, and DOMA which is invalid under the 9th amendment and powers clause caused a problem.
They should have struck down DOMA and let the states have their choice, as they do under the 9th amendment.