“The Supreme Court’s jurisprudence on these questions has not followed a straight line. At times, the Court has stated that the Tenth Amendment lacks substantive constitutional content and does not operate as a limitation upon the powers, express or implied, delegated to the national government. At other times, the Court has found affirmative federalism limitations in the Amendment, invalidating federal statutes not because Congress lacked legislative authority over the subject matter, but because those statutes violated the principles of federalism contained in the Tenth Amendment”
Just out here making things up. Regulating federalism is now and always has been an open question with differing opinions.
https://constitution.congress.gov/browse/essay/amdt10-1/ALDE_00013619/
“The Supreme Court’s jurisprudence on these questions has not followed a straight line. At times, the Court has stated that the Tenth Amendment lacks substantive constitutional content and does not operate as a limitation upon the powers, express or implied, delegated to the national government. At other times, the Court has found affirmative federalism limitations in the Amendment, invalidating federal statutes not because Congress lacked legislative authority over the subject matter, but because those statutes violated the principles of federalism contained in the Tenth Amendment”
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