But the 9th and 10th Amendments have not been repealed have they? They are only irreliment because we do not demand that they be exercised. Lincoln was NOT a King that was entitled to rewrite our government and our Constitution as he, or those who followed him, might desire. likewise it is not the perview of the US Supreme Court to determine what the Constitution allows and does not allow. Under the 9th Amendment all things are premitted unless they are specifically restricted within the Constitution, and are given to the States to make those determination which are best for the people within that State. NOT the collective United States.
That was the thing with Slavery. New York made the determination tha slave ownership was not in the best interest of the State of New York. BUT the state of New York did not have the right under the 10th amendment to tell the people of Alabama that the institutions was not good for them.
That is the problem. Lincoln changed our form of government from a Democratic Republic under the Constitution, to a Bureaucrary which was not under the Constitution. And which has grown to what we have today. Yes, that Government has allowed us to keep many of the good parts of the Constitution under this Bureacracy. But the Constitution is a WHOLE document, not a Buffet to pick and choose what we like and disregard what we don't like.
We now have a government which we are afraid of, and don't demand our States Rights under the 9th and 10th Amendments, because to do so would be dangerous to the power of that Government and we are afraid of the power that rest in unelected officials, such as the IRS. Or even worst like Lincoln did in using the United States Army against the citizens of the United States.
That is NOT the government that our forefathers gave us in 1787. And it is our fault for allowing it to get in this shape.