How about this argument: states have decided to assume jurisdiction to those items not specifically provided to the federal government (enumeration clause) to legislate upon. There is this archeic 10th amendment of the constitution, still in tact incidentally, that reserves all powers not specifically given to the federal government to remain with the states or the people directly. Of course that one is number 10 and far down the list of those we already don’t pay much attention to now. But still, it does seem somewhat important, not some quaint notion discussed over a few ales at some Philadelphia tavern.
* But still, it does seem somewhat important, not some quaint notion discussed over a few ales at some Philadelphia tavern. *
Good Point!