The result of the Civil War was the abolition of slavery not abolition of the states. The states are supposed to be able to set their policies so long as they don't violate the US Constitution. Federal and some state judges routinely ignore the tenth amementment and other parts of the constitution and impose their personal policy preferences on the states with absolutely no constitutional justification.
I favor giving issues back to the state legislatures. There is no reason why all issues should be decided at the national level. That's one of the reasons why politics is so polarized these days.
States vote to ratify Constitutional Amendments, presidents do not...
It's not just judges. Presidents do it. Congress does it. Hell, they all do it. The so-called hero of the SCOTUS, Scalia, is absolutely off his rocker when it comes to the Commerce Clause. I think Clarence Thomas, nominated by the one term tax raiser, is the closest thing in all of DC to an actual Constitutionalist. But I'm probably mistaken there. He's probably soiled as well. They all are.
Article V
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress...
Baloney. Politics were just as polarized during George Washington's administration. By the time Jefferson and Adams squared off, it was as ugly as ever. Jefferson had his own bought and paid for agenda driven newspaper. Nothing changes.
Well said, Paleo Conservative.
Federalism is beyond the grasp of some folks.