Under your formulation, do states have the right to outlaw free speech? Ban all guns? Do away with free assembly and freedom of worship? Why not, if they have the right to abrogate the preemininent right, the right to life?
Let's ask Mr. Madison what the original intent was shall we? Not Progressive views of 1870 and beyond, the original intent
It is crystal clear what powers were intended to lay with the states and what powers were federal issues. As for the Bill of Rights, it was confirmed in 1833 it only applied to the federal government and was not overturned in any fashion until 1898, and then only a limited reading of the 5th Amendment. As you well know, the incorporation of the other Amendments (minus the 2nd) did not begin to happen until the mid 1920s (which answers your second question Gitlow 1925 applied the First to the states).
As I stated, Courts packed with Progressives.