There are, but they're eventually declared unconstitutional. For example, segregation was found to be unconstitutional.Quote:
Originally Posted by Feng_Li
Also, there are certain powers that come with general powers that are granted. For example, the power to regulate the public welfare includes things like regulating drugs. The powers not granted to the federal government were retained by the people. That means the states. There was a time when that was taken a lot more literally than it is today. So, in the 1920s it tok a constitutional amendment to introduce peohibition.
After WWII, the courts began to interpret the reach of the federal government more broadly. Inter-state commerce and federal grants becae an excuse for reaching into the states to regulate things that were thought to be under state control. The restrictions of the Bill of Rights were held to apply against the states through the 14th amendment. So, the federal government was able to reach into states to control things like discrimination in schools and prayer in schools, and even activities by private organizations that received federal funds or used federal services.
So, you're right, the federal powers go well beyond specific grants in the Constutution, but that's where they come from. Every time the feds exercise power, it has to come from some grant. When you sue in federal court you have to show how the court was granted jurisdiction over the subject, not so in state court.