It appears that in Senator Cruz’s opinion the Supreme Court is violating the Tenth Amendment by declaring laws, in some states, prohibiting "Gay Marriage" as unconstitutional. I challenge his assumption.
Consider that some individuals believe the "Bill of Rights" has never be altered or amended in any fashion. In the broad picture that may be true. Narrow the view and you find where they have been altered to a certain extent.
Take, for example, the First Amendment:
Taken in the strictest of terms, the amendment only prohibits Congress from abridging these rights.
While keeping in mind these two amendments, let’s take a look at the first paragraph of the Fourteenth Amendment:
This paragraph of the Fourteenth Amendment, while not amending the First Amendment, it has altered it. The Fourteenth Amendment now places on the States the same restrictions the First Amendment placed on Congress. In so doing it narrows the scope of the Tenth Amendment. While narrowing the scope of the Tenth Amendment, it broadens the power of the United States to insure that all citizens are given "equal protection of the laws"
Why is it that individuals, such as Senator Ted Cruz, view the Tenth Amendment as being part of the Constitution, while at the same time ignoring the fact the Fourteenth Amendment enjoys the same affiliation? Is it that they see the "Bill of Rights" as something more than amendments? If this be the case, then they must consider the other seventeen amendments as having lesser value.
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