Rick Santorum Apparently Hasn’t Read The 10th Amendment

In the past, Rick Santorum has described himself as a “very strong supporter” of the 10th amendment, but given his position on states legalizing gay marriage, you really have to wonder if he’s ever actually read the 10th amendment.

According to Santorum, the states do not have the right to decide the issue of marriage for themselves.

I will get involved in that because the states, as a president I will get involved because the states don’t have a right to undermine the basic fundamental values that hold this country together. America is an ideal. It’s not just a constitution, it is an ideal. It’s a set of morals and principles that were established in that declaration, and states don’t have the right, just like they didn’t have the right to do slavery.

The 10th amendment says that the states are only prohibited from doing the things the Constitution itself prohibits. It also says that the federal government can only limit state authority in those areas where the Constitution delegates power to the federal government. Because marriage is neither an issue the Constitution prohibits the states from addressing, nor an issue left to the federal government, then it is to be “reserved to the States respectively, or to the people” as the 10th amendment reads.

However Santorum or any other social conservative may feel about gay marriage, it is and should be a states issue. If the people of New York or any other state want to legalize gay marriage through the ballot or legislative process, then so be it. That’s democracy.

That Santorum is willing to trample state sovereignty in pursuit of one of his pet issues is exactly why he’s not fit to be executive. We already have a President prone to abusing executive power. We don’t need another one.

Rob Port is the editor of SayAnythingBlog.com. In 2011 he was a finalist for the Watch Dog of the Year from the Sam Adams Alliance and winner of the Americans For Prosperity Award for Online Excellence. In 2013 the Washington Post named SAB one of the nation's top state-based political blogs, and named Rob one of the state's best political reporters. He writes a weekly column for several North Dakota newspapers, and also serves as a policy fellow for the North Dakota Policy Council.

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