Eric Takabayashi wrote:

> Kevin Gowen wrote:
> 
> 
>>The Supreme Court found income tax to be unconstitutional. When that
>>happens, Congress has two choices: change the law or change the
>>Constitution. So, the 16th Amendment was added.
> 
> 
> Thank you.
> 
> Would anything added to or taken away from the Constitution through due process,
> such as restrictions on free speech, or support for gay marriage, also thus be
> "constitutional" by definition?

If it is in the Constitution, it is constitutional. I think the issue of
marriage is a state issue, which means that a state can define marriage
any way it wants but I don't think a state should be required to
recognize marriages from other states that define it differently.

Of course, the federal government can also define marriage for the
purposes of tax penalties/rebates/credits, Social Security entitlements,
etc. This happens now with immigration law, for example. Some countries
permit polygamous marriages, but the federal government is not going to
allow a citizen/alien to bring over each of his four wives with a stack
of I-130 forms.

- Kevin