As much as I respect and voted for McClintock, he is wrong above. The 9th and 10th Amendments were specfically added to the Constitution to secure States' Rights! . There is no way to spin or parse or distort those Amendments.
Yes, State govs can be "abusive", but not so much as Fedgov which no one can avoid. You can always move to another State if you don't like their laws. I'm surprised about his interpretation of the 10th Amendment.
“The tenth Amendment is rather about dividing governmental authority to limit the abuse of power that naturally occurs when it accumulates into too few hands."
Sorta, kinda got the right idea, but no: It's about limiting Federal abuse that "naturally occurs when it accumulates into too few hands"...not State authority. That's a whole other legislative, executive, judicial matter that is more locally controlled by the People.
Does no one ever read the Founding Fathers' debates, periodicals, correspondence, diaries, et al any more that shows their INTENT? Even this guy has got it wrong.
No, he is correct. The delegation of authority is from the People, through their elected representatives in a Constitutional Convention, not the States. The People are the master, the state and federal government are the servants. The only power they have is what the People have given them through their written constitutions. In America, and this is an important difference from Europe, individuals retain power that they have not delegated. They kept back individual liberties from government over which authority was not delegated. The exercise therof was subject to the Maxim “sic utere tuo ut alienum non laedas” - each one must so use his own as not to injure his neighbor. (Equality of rights before the law.)
In France, the individual surrendered all his individual natural power in exchange for what was considered to be superior enumerated civil rights which were subject to the communal good.