What does the Constitution say about it?
Amendment IXSo, legally speaking, I think that he's right.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.Amendment X
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.
Not that the self-styled god-kings on the judiciary would ever use such simple and encompassing reasoning.