Man they are dumb. Making a law that doesn't derive its power from the constitution means that if this gets taken to the supreme court (and they do their job) it will be removed since the federal government cant make laws that aren't within the authority expressly given to them in the constitution. All authority not expressly given is then subject to the states and the people. In order to make abortion and gay marriage legal and constitutional, they would need to create an amendment. Now, if the constitution does already allow for gay marriage, that's a different story. it would then be constitutional.