[Grunthor]

“Can’t have the 10th amendment only when it is convenient.”

Can we claim to love the Constitution but hate the 10th amendment?

;-)

[Rational Thought]

It usually comes down to the courts and their interpretation, like occurred last year:

http://www.realclearpolitics.com/2010/07/14/gay_marriage_amp_the_10th_amendment_237563.html

Here is the 10th Amendment which Gov. Perry bases his opinion:

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.