The Bill of Federalism
Article [of Amendment 3] — [Reserved Powers of States]Proposed Text
Subject to the requirements of Article VI, every state has the power to regulate or prohibit any activity that takes place within its borders, provided that no state regulation or prohibition shall infringe any enumerated or unenumerated right, liberty, privilege or immunity recognized by this Constitution.
Professor Barnett's Commentary
Since the Founding, states have been thought to have what is called a “police power,” but this power is not expressly enumerated in the text of the Constitution. The third proposed amendment explicitly recognizes the power of state government to regulate and prohibit activities within their borders. As specified in the Supremacy Clause of Article VI, no exercise of state power may conflict with any law enacted by Congress pursuant to its delegated powers or with any enumerated or unenumerated right guaranteed by the Constitution. At the same time it expressly protects the powers of states, it also recognizes the limitations imposed by the Constitution on those powers.
Public Comment Section on the First Amendment of the Bill of Federalism