First the Court would hold that the federal Defense of Marriage Act (DOMA) is unconstitutional as a federal incursion on state power.

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The Voting Rights Act gives the federal government the power to oversee any changes in voting procedures in states and jurisdictions with a history of voter discrimination.

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In defending the constitutionality of the Act, the federal government relies upon the Commerce Clause of the Constitution as the enumerated power supposedly delegating authority to the federal government for this regulatory compulsion.

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