It seems that you agree with Scalia and Stevens [1], who also ignore the 10th Amendment of the bill of rights [2].

[1] http://www.law.cornell.edu/supct/html/03-1454.ZD1.html (control-F "Tenth Amendment")

[2] The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.