A lot of powers should go back to the states. In fact the vast majority of them should.
All except those specifically enumerated as Federal.
Ref: United States Constitution as Amended.
It's gratifying to see some politicians finally take up the issue of States' Rights that I have been advocating for over a decade. The 9th and 10 Amendments were never repealed, although through various Supreme Court rulings, they have been distorted and watered down, much like the "commerce clause" and the "welfare clause".
However, as I was telling a friend last night, the USSC has NO enforcement ability. THE NINE can rule in favor or against the intent of the Constitution, but it is just an interpretation of Congressional statues and/or Executive dictates. Don't get me wrong, I am a man of laws, but when those laws are found to be in contradiction of the "original intent" of our Constitution (which countless historical documents show), then those laws are invalid.
Anyway, it is up to the Executive Branch to enforce such determinations by the USSC. Politicians being self-serving creatures have been very reluctant to enforce many USSC decisions since after Lincoln's debacle with the southern states.
A recent example is the USSC's correct ruling on individuals' right to bear arms for self-defense. Many municipalities have ignored that ruling. Where are the Feds to enforce that ruling? Where has the Executive Branch been on "sanctuary cities" which are clearly against Fed law? But yet they sue Arizona for enforcing such federal immigration law? There are countless other examples throughout our history. That is why:
Some 20 States are now suing against Obamacare. If that and other lawsuits don't prevail, STATE NULLIFICATION is the only answer. It is not seditious for the Individual States to just say no and reassert their rights! What is the Fedgov going to do other than withhold funds back to those States? The States could then withhold tax receipts to the Fedgov and keep their own damn money in their own State.
Would ANY sane president send in the military in this day and age for such a showdown? Of course not, this is not the 1800's. No one has the stomach for a "civil war" in this era. The Feds would eventually have to back down and accept the States' nullification with their tails tucked between their legs, much like local courts have to accept jury nullification.
Again, STATE NULLIFICATION IS THE FINAL ANSWER TO THE FEDGOV POWER GRAP. Glad to see a major politician is now implying such.