If the Constitution as it stands doesn't pen in the Judiciary, how can an Ammendment?
Because they thrive on ambiguous or missing language. That's how they can read the Consititution and discover a right to an abortion hidden inside a right to privacy. Put in an Amendment that guarantees the right to life for the unborn, and they can't make their silly argument anymore.
Define marriage as being between a man and a woman, and they won't be able to discover a right for fudge-packers to marry hidden elsewhere either.