We are a commune of inquiring, skeptical, politically centrist, capitalist, anglophile, traditionalist New England Yankee humans, humanoids, and animals with many interests beyond and above politics. Each of us has had a high-school education (or GED), but all had ADD so didn't pay attention very well, especially the dogs. Each one of us does "try my best to be just like I am," and none of us enjoys working for others, including for Maggie, from whom we receive neither a nickel nor a dime. Freedom from nags, cranks, government, do-gooders, control-freaks and idiots is all that we ask for.
Liberals...have never had any strong attachment to state sovereignty. Since the New Deal, they have regarded centralized power as the best way to advance the welfare state. They may favor state discretion when it favors their causes. But they don't pretend to be consistent on the issue.
Conservatives, however, do. Pretend, that is. When there is a conflict between state sovereignty and conservative policies, their reverence for the 10th Amendment abruptly goes by the wayside.
That became apparent several years ago, when the Bush administration asserted its power to prevent Californians from using medical marijuana after the state allowed it. It also tried to block an Oregon law allowing doctor-assisted suicide. Attorney General John Ashcroft had no qualms about mobilizing the fearsome resources of the federal government when states veered out of line.
He has new company among the GOP presidential aspirants, who support the 10th Amendment except when they don't. When New York legalized same-sex marriage, Perry first said, "That's New York, and that's their business, and that's fine with me." But he soon reversed course, endorsing the Federal Marriage Amendment, which says marriage "shall consist only of the union of a man and a woman."
We support states' rights and state sovereignty. Country too big, too varied, too diverse, for a one-size fits-all.
Republicans are sometimes overly flexible about the 10th Amendment. However, I think this writer mistakes something important.
Rick Perry and other supporters of a federal Constitutional Amendment to define marriage are operating according to the 10th Amendment. They are saying, "Marriage is a legal action by a state. It is normally reciprocal among the states. The states are not all reciprocating on the issue of same-sex unions or marriages. The only way to make this a federal standard is to use the Constitution." That submits the question to "the several states" for ratification or rejection.
Prohibition wasn't Constitutional until the 18th Amendment. Then it was. With repeal, it wasn't anymore.