The Tenth Amendment makes it very clear that all powers not delegated to Congress in the Constitution are reserved to the states and to the people. When Congressional representatives assumes powers that are not delegated to them in the Constitution, they violate their oath to preserve, protect and defend the Constitution.
Powers are either delegated or they are not. In Section 1 Article 2 Clause 17, Congress is given the power to pass legislation that is “Necessary and Proper” to carrying our the delegated powers.
A parent who gives a set of their car keys to their teenage son to use in case of emergency does not give him permission to use the car whenever they want. Likewise Congressmen and women hold the keys to take legislative action, but can only use the keys when it is absolutely necessary and proper. The parents, and not the child has the authority to decide when the use of the car is necessary and proper. Giving Congress the power to determine what is necessary and proper is like giving a blank check to a thirsty alcoholic.
The Constitution was written to create a limited government with a short list of delegated powers and when Congress claims to be exercising an implied power they given themselves virtually unlimited power.
If the senate was functioning properly, the senators should be the ones to decide what is necessary and proper and the President should veto all proposed legislation that is not absolutely necessary and proper.
With the ratification of the 17th Amendment and the direct election of senators, the checks and balances written into the Constitution have been abandoned.
In Article V, it mandates that no state shall be denied its equal suffrage in the senate without their consent. Currently are seven states that have never ratified the amendment and have been stripped of their Constitutional right to be represented in the senate