Re: [UUPoly-L] commerce clause and interracial marriage

["Catherine Deville" <catdeville@cox.net>]

jenny said: 

<<as one of my law professors was fond of saying, "well, that's  
right...  unless it's completely wrong.">>

ummm... well, yeah - sounds like a law prof ;-) of course, not having the
benefit of being a law student, I have to figure these things out myself as
a 'layman'. 

<<cat, it may be a punctuation issue, >>...

Cute...  snide, but cute... and no, it's not a punctuation issue - it's a
wording issue.  I plain out misstated what I meant to say. 

<<but i think you're conflating  
three distinct areas of constitutional law: the commerce clause  
(article I, section 8 of the u.s. constitution), the full faith &  
credit clause (article IV, section 1), and the 14th amendment.>>

No, I'm not conflating them, but I did *mean* the Full Faith and Credit
Clause and *said* "interstate commerce clause" instead because the Full
Faith and Credit Clause does also apply to interstate commerce, but yes,
they are different.  I tried to clarify in my reply to Dave about that. 

<<in loving, the virginia law was found to violate the equal protection  
and due process clause of the 14th amendment.  the decision didn't  
even come close to brushing on commerce clause implications...   
because there weren't any.>>

Yes, but were it not for the Full Faith and Credit Clause and its
application to marriage, the Lovings would never have been arrested in VA
for violating VA's anti-miscegenation marriage laws in the first place, and
the case would never have been presented as a violation of the 14th
Amendment. They were not charged with co-habiting, but with violating a
marriage ban - which the state of Virginia would not have been able to
charge them with had the state not recognized the marriages of other states
(and DC) under the Full Faith and Credit Clause. 

<<OTOH, you may (and again, your post isn't clear, so forgive me if i'm  
wrong) be mistaking the commerce clause for the full faith and credit  
clause (article IV, section 1 of the u.s. constitution),>>

I had them clear in my head, but until I got Dave's reply didn't realize my
wording was fuzzy and had to go look 'em up - but yes, I intend to be
referring to the Full Faith and Credit Clause. 

NT,
Cat