Uh, no, that is not what I am saying it is what you are saying. I keep trying to find out from you why you omit the tenth amendment. I do understand that if the tenth is omitted or ignored as you are doing then you might, might have somewhat of a case. But you might also have a case if we omit the constitution altogether.
You simply cannot omit what doesn't suit your point.
I omit the tenth amendment from what? Can you be just a little more specific?