Z, I really am not going to debate this point.
It is clear that nearly all criminal law is based in the desire to encourage better behavior, and has led to the creation of a lot of federal power.
To go right back to 1789, a pretty important year I'm sure you'd agree, the creation of the US Marshals Service... created to enforce laws on the books, as well as discourage the attacking of courthouses/judges/etc. We don't have to look far to see when it happened.
This supreme hair splitting... I won't entertain it.