“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.”
Sound familiar? I hate the nanny state mentality, but the Constitution is pretty clear that the States have broad powers over public policy, unless specifically restricted in the constitution.
The states have no power over the rights to do ordinary things; they are God given rights.
Powers to governments are limited by the rights of the people.