Maybe so, but I feel this basis is flawed. This "power" is in the same vain as considering blacks less than human and not allowing women to vote. How so? It is based upon humans just "making it up as they go along". The founders had some good ideas, but they were not really interested in a "free" country.
1) Please cite any reference that the Constitution or its authors considered blacks to be "less than human". One will do.
2) States unquestionably had the power to deny women the vote until XIX. If XIX were repealed tomorrow, they would have the power again.