Do people not understand we have an amendment which literally says that on many issues we need to let the states decide .
No... That's not what the Tenth Amendment does... The Ninth Amendment solely infers that there are rights of which are not enumerated within the Constitution are still retained by the people. The Tenth Amendment thereby states that the states also have powers (and rights) of which are not enumerated in the constitution. Look at the supposed "right to education" - many states have a right to education, yet the Federal Government and the Supreme Court do not see it that way. This is what the tenth amendment does. So no, it doesn't "literally say" that issues should be given to the states to decide, it says that they have the power to regulate themselves. The Ninth Amendment really is a buffer against that claim, as those rights "retained by the people" are those that which the Supreme Court has consistently used to assist in its decisionmaking, not the states.
