Rights of the States under Constitution
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.
This one of the most important and often ignored Amendments of the Constitution. Everyday the Federal Government violates this Amendment. One example is the Environmental Protection Agency.
Created with the good intentions of protecting the Environment, the EPA has been given broad authority to create regulations as it sees fit to protect the environment. More often than not they have super-ceded property rights, unfairly targeted businesses and have created an environment of fear.
The major concern that many have with the EPA’s authority is that it can create policy that is considered Law without having Congressional approval and often can conflict with a State’s law. Since this particular issue with the EPA is not mentioned anywhere in the Constitution, it should be assumed that the States themselves should determine the need for such a department.