You got the state laws above the federal laws in the US, which is one of the reasons that the states, counties and cities can break the Constitution. In Germany, for example, it is the other way around. The State of Hesse still has the capital punishment but is not allowed to use it, since the German federal constitution forbids it.
Though I think no constitutions or laws whatsoever are legitimate, even if the US constitution theoretically is the best there ever was. A majority of free people never ever directly gave their consent to found a state, a constitution or a law, not even in America.