No, you show me where the constitution forbids it. We have a right to do anything unless there is a compelling reason for the government to deny it.
See the 10th Amendment: 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.
Email SCOTUS so it knows how to rule.
Why, they could care less what the Constitution says, when you can only get a 5-4 decision when the EPA violates statutory language, it can't be any more screwed up.