Liberals do not have intellectual opinions. They merely have tactical notions of advancing Marxist doctrines. It is vital not to be drawn into the trap of taking liberal arguments as intellectual ones.

First. He was not referring to individual rights so we can eliminate that from his comment.

Second. He used the word "invested" …NOT surrendered…meaning a grant of power or to endow with authority or power. So the people were granting power to their State…NOT surrendering power to their State. The only question was the level of this grant of power.

Third. He was simply distinguishing a general grant of power from a limited grant of power.

In a general grant of power, any exceptions must be reserved or they are presumed to have been granted.

In a grant of limited power, there is no need to reserve power because any power not granted is denied.

In either case, there is no surrender of power because those who grant the power can take it back.

Arizona’s immigration law is a good case in point. While immigration is not a delegated, nor prohibited, thus reserved power, the feds get around this by application (or misapplication) of the fourteenth’s provisions. There is also the “enrollment at birth program” conducted by the Social Security Administration, which gets around the problem with children born in U.S. hospitals to alien parents subject to a foreign jurisdiction. Enrolled at birth, these children are, thereby, subject to U.S. jurisdiction. Which subjects all State and local laws to federal jurisdiction via the fourteenth amendment.

Ain’t U.S. citizenship just wonderful!