Provision of any service by a government not specifically enumerated in its founding documents is an illegitimate function, whether Federal, State, or Local. If not, then why bother having a founding document at all.

The prevailing governmental theory in the founding documents of all the states is that the documents are of a negative nature, stating only what is permitted to the government. You can keep moving down the line and making new arguments if you wish, but there is no denying that this is the main basis of governmental theory in the United States. In other nations and theories, perhaps, the government is given carte blanche. But not here, and rightly so.