[Roscoe]

According to the federal Constitution, states can have that power.

The federal Constitution was NOT a grant of power to the states.

[freeeee]

The federal Constitution was NOT a grant of power to the states.

I know that. However you miss the point.

Even if the federal Constitution would allow the states to retain their powers to prohibit all that is not specifically permitted, free states do not function that way. China does.