"If it isn't in the Constitution, ie; the Contract with the People, then they cannot legitimately be said to have power in that area."
"Passing a simple law or statute should never be the minimal mark for making a behavior criminal. Regulatory power like that should only come from a Constitutional Mandate."
From Federalist 45 (Madison):
"The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."
See, states have powers that are "numerous and indefinite". It wouldn't be practical to expect that every specific power be listed in a State constitution before the legislature is allowed to exercise it. The legitimacy of the power comes from the more general language of the Constitution, which insures things such as the people who make laws are affected by people who have to live with them.
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.
All those powers were lump summed down to the States and the people of those States. It was up to them to come up with their own Constitutions for their State governments. The People could make their State Constitution mandate that everyone wear BLUE colored clothing only for State business. but it would still need to be an enumerated power to the State. Otherwise, you would be giving nearly unlimited power to your State government. Surely you are stupid enough to think that the Founders would approve of such a system.