is the "but what about the constitution" argument a cop out?

[MarkD]

No, I believe that federalism is a valid argument. We have a Constitution in which the federal government was not delegated all of the governmental powers that need to be exercised. Only certain powers are delegated to the federal government and the rest are left to the states. The idea that the federal government has to justify the laws it makes by pointing to an enumerated power is reinforced by the Ninth and Tenth Amendments. And there are lots of federal judges who believe in this principle, and the number of judges who believe in it will keep growing so long as President Trump continues to rely on the Federalist Society for advice who to appoint to the federal bench. Because of the possibilities of litigation, the federal government still has to defend its laws by pointing to an enumerated power in the Constitution to justify its laws.