The 10th amendment has pretty much been the rule that was swallowed by the exception ( the commerce clause) since the Supreme Court ruled, in Wickard v. Fillmore I think,that that the gummint could, under the auspices of the commerce clause, regulate what a farmer grew on his own property for the consumption of his own family only, which product never entered any stream of commerce, let alone interstate commerce, by reasoning that if the farmer's family hadn't had their own harvest to eat, they might have bought food out of the stream of commerce and therefor regulation was justified notwithstanding the 10th amendment. It's only gotten worse. The 10th amendment is a dead letter, at least for the time being. The cases ruling Obamacare unconstitutional will present the Supreme Court with the opportunity to overrule the Wickard v. Fillmore line of cases, but I'll believe it when I see it. Obama certainly has shown himself to be a lying sack of shit though.