The answer is that the passage of Amendments, laws, and SCOTUS opinions have changed the context of the role of the 9th and 10th in modern society. They do not, and never will again, operate as a check against the national government as the far right wished they would. States Rights is very, very limited now, not the federal government.
So you are confirming that we are indeed living in a post-constitutional America. Madison said the powers of the feds were few and defined and those of the States were vast. Just the opposite of what you just described, and you appear to be fine with it, how pathetic are you, you ******* loser.
Nonsense.
There is no such thing as a 'post-Constitution America,' the Constitution is functioning today as it always has, in accordance with the original intent of the Framers.
The Framers were not of one mind with regard to many issues of their day, and they often changed their positions over time concerning various issues. In addition, one member of the Founding Generation did not speak for all, nor would he be representative of all, or possess the sole authority to determine the meaning of the Constitution.
This is why it's important to understand that the Constitution exists only in the context of its case law, as interpreted by the Supreme Court, authorized by the Constitution in Articles III and VI as well as the doctrine of judicial review.
It was the intent of the American people who created the Constitution that their National government be supreme, that the Federal Constitution be supreme, and acts of Congress be supreme, with Federal laws and the rulings of Federal courts superior to that of the states and local jurisdictions (
Cooper v. Aaron (1958)).
And it was the intent of the Founding Generation that the Constitution affords Congress powers both expressed and implied, where the states may not interfere with the relationship between the people and their National government, and that the courts determine when Congress has acted in accordance with the Constitution, and when it has not (
McCulloch v. Maryland (1819)).
The Constitution affords and guarantees the states their own rights and privileges immune from Federal overreach; but the people who reside within the states are first and foremost citizens of the United States, where their civil liberties as American citizens are paramount and cannot be violated by the states, and are safeguarded by the Federal Constitution and its case law.