Originally Posted by
SonicFlyer
Except that the 9th and 10th Amendments specifically say that unless a specific action is enumerated in the Constitution, then the federal government isn't allowed to do it.
So if it isn't one of the powers granted to the federal governments by the state governments listed in Art I, Sec 8, then it is by default unconstitutional.
But it says those rights belong to the people... who can (and do) delegate them to their elected reps (state or federal).