The U.S. constitution[1] must be amended to enumerate and accord the states a limited specific set of rights, and all other rights must be reserved for the people.
[1] Alternatively, individual state constitutions could be amended to have an enumerate powers clause added to them -- but I doubt those deep red Republican "conservative" and "small government" states would want to limit the power of the state to abuse marginalized groups. Conservative hypocrisy is unnerving.