I just stumbled upon a neat little essay that discusses the 14th Amendment, federalism & activist judiciaries. It's called Queer Eye for the 14th Amendment. The by-line says it was written by August 21, 2003 but I'm pretty sure that's a typo. It was found over at The Colorado Freedom Report. There are a lot of decent articles over there & I would recommend browsing the site if you have the time.