The Trouble With The "Tenther" Talkers

New Age states rights advocates have been beating this dead horse for some time now. No matter how much they may insist or how much they may wish, the Tenth Amendment does not carry their argument at law as shown by  http://en.wikipedia.org/wiki/Ableman_v._Booth, along with several other decisions related to the same point that can be found here: http://en.wikipedia.org/wiki/List_of_United_States_Supreme_Court_cases,_volume_62.
 
I understand, but do not sympathize, with the current desire of the Libertarians to return to 18th century governance - it appears so romantic and so simplistic to us now - but that ain't going to happen. The nation has, in to many ways - socially, politically and technologically - moved way beyond what any of the Founding Fathers could have possibly conceived, given the limited world view available to them at the time of the original writings. This is why they wisely allowed for the evolution of these documents through both amendment and the recognition of settled case law.
 
As I have said before, war is the ultimate exercise of both title and authority, and much, if not all, of the legally moot arguments put forth by the current proponents of the Tenth Amendment exception for the states was settled in 1865. (The states lost)