Originally Posted by C-D-P

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

Nothing saying anything about the topic of discussion. It is simply stating that if it is not covered, it can not violate the rest of the nations rights. This does not apply as it is not violating their rights.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

As it was not covered in anything else, nor did it specifically state that it can not happen. It fell upon congress, they agreed that the pres had the authority. As they are an extension of the people, it does not violate this amendment.