Backwards. You still haven't found that "by the states" in the FEDERAL Constitution.
As the Supreme Court noted:
If the original Constitution, in the ninth and tenth sections of the first article, draws this plain and marked line of discrimination between the limitations it imposes on the powers of the General Government and on those of the State; if, in every inhibition intended to act on State power, words are employed which directly express that intent; some strong reason must be assigned for departing from this safe and judicious course in framing the amendments before that departure can be assumed. We search in vain for that reason.But an inability to support your assertions or to make reasoned arguments has never been a barrier to you.
There you go with your Leftist appeal to judicial activism again...