Nonsense, the 10th Amendment says noting about states rights:
Actually it does. Read it again, out loud if you must. I will help you.
The powers not delegated to the United States by the Constitution, That would be anything not enumerated.
nor prohibited by it to the States, See Art 1 sec 10
are reserved to the States respectively, or to the people. Here is the states rights or the peoples rights to any powers not enumerated by the Constitution.
Let's take Education for example. Education is not an enumerated power under Article 1 Sec 8, It is not forbidden under Article 1 sec 9 or 10. Thus it is a power to either the States or the People.
What you choose is thankfully irrelevant the fact is that for most of the 20th Century state and local governments have been the most flagrant violators of civil rights, from segregation and voting rights violations during the 50s and 60s, to laws recently struck down criminalizing homosexuality, such as the Texas sodomy law ruled un-Constitutonal in 2003.
The states for the most part have been the bane of civil liberties.
A matter of opinion. States that openly defy the plainly written words of the Constitution deserve to be slapped down. And, in an exact reversal - A federal government that reaches beyond the limitation of the document deserves an equal slap.
I personally have no quarrel with the fed exercising its' due powers. I have an issue with the Fed meddling in affairs that are not enumerated. And, when they attempt to make an argument claiming that they are acting on an enumerated power, the twists and turns taken in the act of reading a simple document are appalling. This can happen within any branch of government by the way.
If I no longer like Texas or my county, I can move. Switching countries is a whole 'nother ballgame.
For millions of Americans moving isnt an option, due to employment, family, or lack of resources. Americans shouldnt have to flee a given state to realize their Constitutional rights; indeed, thats the purpose of the 14th Amendment, to ensure every person in the United States enjoys his civil liberties, regardless of jurisdiction.
Like your response above regarding my "choosing", it isn't my problem if someone doesn't move. The excuses you offer merely empower them to remain in place and continue to bitch and moan pathetically.
You and your community have the right to set standards. If you don't like the community standard you can leave.
Here in Texas we have counties that are "wet" or "dry". You have three options in this area of discussion. First: You may live here knowing that the rules are thus, and abiding to them. Second: You may live here, abiding by the law, while working to change it. Third: You may exit the area and live where your point of view holds sway.
Option 2 in the above finally played itself out as the citizens in the county voted to change the county from dry to wet about a year or so ago.
I am not a lawyer so I am not totally certain what you are calling "case law". Is that another term for "precedent"? If so, then I don't think that precedent is a good thing to base a decision on.
Case law isnt determined by eminent judges, nor some sort of authoritative body; case law develops over years perhaps decades representing the opinions of many judges who have reviewed similar cases time and again. Eventually a consensus is established by which judges agree to follow when reviewing a similar issue
Sounds to me like a bunch of Lazy Judges. "We do it that way because we always did it that way". Better to look at the merits of the case and apply the Constitution to it.