Since before the adoption of the U.S. Constitution in 1789, there has always been a conflict between the people’s and the state’s rights vs. the federal government’s powers.
George Mason, one of the framers of the Constitution supported the principle that these rights should be balanced with these powers.
Mason supported a Bill of Rights that later included the first 10 Amendments to the Constitution. He is known as the “Father of the Bill of Rights.”
Mason refused to sign the Constitution and to support it because it lacked a Bill of Rights. However, in 1791 it was adopted and became part of the Constitution.
The Ninth Amendment protects the people’s rights that were not listed in the Bill of Rights. Some of these include the right to an abortion during the three months of pregnancy, free public education, government protection against violence and the right to privacy.
The 10th Amendment reserves certain powers to the states and restricts the federal government from interfering with them. Some reserved powers give the states the authority to conduct elections, establish schools, license professional workers, regulate family matters and make laws protecting the moral and safety of its citizens.
Now in 2016, this issue has become a national controversy. Recently, the Obama Administration issued a directive demanding that all public schools nationwide allow transgender students to use facilities with which they identify vs. the gender, female or male, listed on their birth certificate.
An Administration spokesman stated that this transgender directive is merely guidance for school districts that need advice and adds no new requirements to state law.
However, it does carry the threat of lawsuits against these districts or the losing federal funds for noncompliance.
This directive comes to the forefront because of the recent passage of a North Carolina law that requires transgender people to use bathroom facilities, show and changing rooms that correspond with the sex on their birth certificate, not the gender with which they identify.
Supporters justified the Administration’s action by alleging that transgender individuals are sexually discriminated and violate a federal law prohibiting this type of treatment.
Opponents justified their views by alleging violations of students’ Ninth and 10th Amendment rights dealing with gender bathroom use, athletics, housing, overnight accommodations and other situations.
The controversy is clearly an issue that will be decided by the U.S. Supreme Court.
Silvestre Moreno Jr. Mercedes
