Since all those powers which are not reserved to the federal constitution are those of the states (or the people), then the states have the power to restrict such activities. Do you really believe the founders thought otherwise?
Joe, the founders thought & wrote exactly that in Article VI. States do not have the power to ignore the US Constitution, - "notwithstanding" anything in their own Constitutions.
William Terrell wrote:
I agree here. The states are subject to much more public scrutiny and affect than the federal government. I am willing to place all malum prohibitum law there. But it is not. Much of it is federal (or the national character of federalism).
Neither States nor Feds were given the power to write prohibitive types of law that infringe upon individual rights to life, liberty, or property.
This point was clarified by the 14th amendment; -- then immediately ignored once again.
Under the states' police power, even a right can be regulated, so long as that right is not regulated away. Examples are doctors and lawyers. Anyone has the right to become a doctor or lawyer, but since these professions can damage a person severely by their incompetent application, they come under the state's police power, which, incidentally, gives the state right to license as an excise.
This principle has been badly abused lately.