[Defend Liberty]

The answer, of course, is that the federal judiciary decides what powers are or are not delegated to the US. The states don't get to decide.

Wrong. The judiciary is not the final authority on the Constitution. If they were the final authority then they could change the Constitution at their whim, thereby giving them unlimited powers which is anathema to the limited government principles the founding fathers instilled in the Constitution. It would negate the Bill Of Rights as the people would have no powers since the judiciary would have unlimited powers. The answer is the states have any powers not delegated to the "United States" per the 10th Amendment.

You can't have some states deciding one way, and other states another way. That's not how the Constitution lays it out.

The states can decide in any manner they choose so long as it doesn't interfere with the enumerated powers in Article 1 Section 8 or powers in Article 1 Section 10.

You've never heard of implied powers? You should read up on it and disabuse yourself of this fantasy that the Constitution delegates expressed powers only. Would that it were so!

Implied powers is socialist spin for unlimited powers. If the founding fathers wrote the Constitution with the intent of granting Congress unlimited powers then there would have not been any need to list specific powers in Article 1 Section 8 since Congress would have all powers. Nor would they have written The Bill of Rights since unlimited powers would have negated any powers to the people.

You really need to take your socialist BS to a website where the people actually by your unlimited power cr*p.

[Idabilly]

Wrong. The judiciary is not the final authority on the Constitution. If they were the final authority then they could change the Constitution at their whim, thereby giving them unlimited powers which is anathema to the limited government principles the founding fathers instilled in the Constitution. It would negate the Bill Of Rights as the people would have no powers since the judiciary would have unlimited powers. The answer is the states have any powers not delegated to the "United States" per the 10th Amendment.

Excellent post, Defend Liberty!

There was no way the States would have ratified the Constitution without certain guarantees, and the Bill of Rights. What Mr. Huck doesn't understand, despite his admiration for the anti-Federalist, is that the Constitution was meant to lay out and define Federal authority; the power given to it by the people acting threw their respected States. When I say "State," I understand it to be "the people". Since it was understood that the people speak as their State, and the Federal Government was just that. . . Federal, not National. As James Madison said a great many times, the 10th Amendment is what it is:

"[The Constitution] was constantly justified and recommended on the ground that the powers not given to the government were withheld from it; and that, if any doubt could have existed on this subject, under the original text of the Constitution, it is removed, as far as words could remove it, by the [10th] amendment, now a part of the Constitution, which expressly declares, ‘that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."