In practice, the Federal government has rolled over local government in countless situations that would not normally be Constitutional. Heck, I remember when "state's rights" meant something, other than a code word for "racism."
Whether something local should be subjected to Federal control seems to be highly subjective, and seems to depend on the political views of those deciding. For example, the Commerce Clause has been "reinterpreted" to allow Federal control of almost every aspect of economic activity at every level.
One result of the blurring of the lines between Federal and local laws is that almost everything has been thrown into the courts, with the result being laws passed or rejected depending on the political philosophy of the judges, or in many cases, a single judge.
If we interpreted the Constitution strictly, half the Federal government would be unconstitutional.
Off Topic » in reply to drop the public law paranoia, this is NOT a 5th amend issue here...
Ideally, you are right.
