States have recourse in the courts, or: ------ Civil disobedience works, especially on a statewide scale. The feds can't jail a whole state for refusing to play federal 'rules' games.Ohio has a pretty good record when it comes to ignoring federal diktats, ignoring the blackmail regarding motorcycle helmets and (so far) BAC limits. Not quite to the level of the late gubernatorial candidate Tom Van Meter, swearing that if he were elected Ohio wouldn't pay a dime for Cleveland busing and the appalling Judge Battisti could send federal marshalls after him if he didn't like it. But better than most states.
The thing about the Fourteenth Amendment applying the Bill of Rights to the states is that it does not grant government new rights, but imposes restrictions upon it. That is pretty automatically a good thing. Yes, liberals have abused the Bill of Rights, but the solution is to not elect liberals, not aborgate the BOR or excuse the states from it.
-Eric