The Tenth Amendment of the Constitution provides: "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." The case before the Supreme Court has to do with whether or not the Federal Constitution prohibits a state from enacting and enforcing an anti-sodomy law. Up until the 1960's, the power of the states to do so would not have seriously been questioned. Since that time, however, the Supreme Court has discovered in penumbras, shadows, and emanations a wide-ranging "right to privacy" that somehow the framers of the Constitution and Supreme Court justices over the first 170 years of this Free Republic did not see. We no longer have constitutional governance. Rather, we are now governed by the super-legislature that is the unelected, life-time tenured justices of the Supreme Court who have to answer to no one but themselves.