You are selliing us short: The constitution enumerates federal powers. Anything it is mute on is NOT a priori fair game for federal law.
Unenumerated rights belong to states and individuals.
The constitution enumerates federal powers. Anything it is mute on is NOT a priori fair game for federal law. Hence my comment about not unconstitutionally violating states' rights. But you're quite right, and I could have been more clear on that point.