You do like your strawmen. The constitution says national defense is based on federal powers with states fulfilling militia responsibilities. This was not part of the discussion any more then authority over treaties.
"And where does the constitution say that personhood is a state issue? It does not."
Where does it say "murder" is a crime, or how it should be punished? Oh the chaos - how do we keep people from murdering one another! How about check kiting or a plethora of additional legal infractions?
The Tenth Amendment states that powers not granted to the federal government by the Constitution, nor prohibited to the States, are reserved to the States or the people.
The Fifth Amendment states that none shall "be deprived of life, liberty, or property, without due process of law"
Under this umbrella, all states have the authority to prosecute murder and other crimes that violate both constitutional and state law infractions.
“You do like your strawmen. The constitution says national defense is based on federal powers with states fulfilling militia responsibilities.”
And the Constitution also says that the Federal government via the 14th declared who is and who is not considered to be a person. :)
“The Tenth Amendment states that powers not granted to the federal government by the Constitution, nor prohibited to the States, are reserved to the States or the people.”
And my argument argues that the Fourteenth Amendment explicitly gives them the power to decide who is and who isn’t a person within the United States of America, providing recognition that everyone born in the United States is considered to be a person.
“Under this umbrella, all states have the authority to prosecute murder and other crimes that violate both constitutional and state law infractions.”
Indeed, but the Fourteeth determines who has the legal rights and responsibilities associated with personhood.
This is, as of the 14th, an enumerated power and thus not subject to the Tenth.
By what authority do you accept the Tenth and reject the Fourteenth?