I'm sure they read the Tenth Amendment when they signed, too. Whatever happened to that?
State's rights is not only seen as racist cover, but a huge joke. The America of 1776 is dead and gone.
Our constitution republic is not dead; the law upon which it is based is not to be reinvented by the judicial branch.
If you do not agree to the intent of the law we received and the method of changing the constitution (the amendment process), then it does not seem valid for you to use the constitution as the basis for your argument.
If the constitution does not rule over the judge's personal bias, the judge becomes king.
Judges were never intended to be creators of our law, due to the intended seperation of powers that is the role of the legislative branch.