Which returns back to the larger philosophical question of whether any branch of a government, or a government as a whole, can do anything not explicitly prohibited by their documents, or only the few things specifically enumerated in their documents.
There is a vast gulf between those limit-case worldviews. Or is it some mix in the middle, but how to tell which? And this is true for every non-cynical non-dictatorship of every scale on Earth, from your hometown to continental scale countries such as the USA.
The US constitution originally was envisioned as both explicitly permitting some things, explicitly prohibiting others, with the 10th amendment serving as catchall supposedly meaning that everywhere the constitution was silent, the Feds were powerless and it fell to the states and the people to deal with that unmentioned stuff. Whatever that stuff might have been in the late 1700s and also whatever unimagined and unimaginable stuff the far future might hold.
Like every other afterthought catch-all provision of any contract ever, it was poorly thought through and created more problems than it solved. Almost immediately the foolhardy nature of the functional compromises required by the 10th came to the fore. And it’s been honored more in the breech ever since. It may have been politically necessary to get enough sigs on the Bill of Rights, but it was a practical disaster from real early. And only grows more so with time as society grows and changes and the quill pen on handmade parchment words remain stubbornly stationary.
Idjit trump’s views have always been the same dating back to his youth. If something is not prohibited, both by word of law and by a security force actively on guard strong enough to prevent you, it’s OK to grab or do.
IOW: Whatever you can get away with is de facto OK. De jure? Who cares; we don’ need no steenkin’ de jure! Not a great way to run a business or a country. At least not if you’re thinking of anyone but yourself.
A truly strict reading of the 10th would require the immediate dismantlement of probably 3/4ths of the federal government. And an immediate return to 1800s style government. The US public would not like that, US businesses would collapse, and our enemies would dismember the anarchic remains of our 50 warring states.
So whatever we do do to realign the post-trump US government more to our liking, we’ll still be floundering around in the gray area where the constitution says we should not be at all.
My bottom line:
The answer to our real problems are not found by religiously interpretting those faded words written by farmers for farmers. They’re found by doing the much harder work of thinking and deciding from honest first principles with an eye to the welfare of all and the practicalities of the 21st Century, not the 18th. Call it enlightened collective self-interest.
The recent era has seen plenty of self-interest. Enlightenment and collective? Not so much.