But that didn't answer the question of 'Where are they'
Government doesn't have the authority to MAKE law for the people, only the PEOPLE do via Constitutional Ammendment.
Giving government the authority to make/change law via statute (or decision in this case), is giving a few in government the power to change EVERTHING on a whim.
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They are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose. To consider the latter phrase not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please which may be good for the Union, would render all the preceding and subsequent enumerations of power completely useless. It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and as they sole judges of the good or evil, it would be also a power to do whatever evil they please ... Certainly no such universal power was meant to be given them. It was intended to lace them up straightly within the enumerated powers and those without which, as means, these powers could not be carried into effect.
Thomas Jefferson, Opinion on National Bank, 1791
[I]f the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.
Candidus in the Boston Gazette, 1772
It will be of little avail to the people that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man who knows what the law is today can guess what it will be to-morrow.
James Madison Federalist No. 62, 1788
The republican is the only form of government which is not eternally at open or secret war with the rights of mankind.
Thomas Jefferson, letter to William Hunter
"The fabric of American empire ought to rest on the solid basis of THE CONSENT OF THE PEOPLE. The streams of national power ought to flow from that pure, original fountain of all legitimate authority."
~Alexander Hamilton, Federalist No. 22, December 14, 1787~
The authority to make law was given to the legislatures. That is the essence of republican govm't. Constitutional amendm't is used to modify scope, powers and mechanics of govm't.