Friday, February 14, 2014

Has the "Bill of Rights" been Altered?

Senator Ted Cruz of Texas has introduced a bill in the Senate that he seems to believe would protect a state’s right to define marriage. While not putting it in so many words, he much believe this to be a Tenth Amendment issue. The question I ask is: Does a state have a Tenth Amendment right to define marriage? Let’s take a look at the Tenth Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

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:

Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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:

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; now deny to any person within its jurisdiction the equal protection of the laws.

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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