[Kryptonite]

Constitutional jurisprudence didn't mean a damn thing to the SCOTUS when they overruled their own sodomy case last week.

And the 14th amendment, ratified in 1868, was a reaction to slavery, not a codification of anything remotely resembling a clarification of original intent within the Establishment clause. Under my view, the states have the power to tax, the power to criminalize conduct that might not be criminalized by Congress, and so forth. Under your view, they wouldn't.

[lugsoul]

So answer the question. In your view of the Constitution, can the State of Utah establish Mormonism as the sole state religion? Can any state make criticism of the state government a crime? Can a state make publication of articles exposing state corruption a crime? If not, what is stopping them?

[lugsoul]

You are correct that they overruled a case - as they do from time to time, like when they overruled Dred Scott and Plessy v. Ferguson. But to throw out the incorporation doctrine would be to throw out every case that has addressed the issue of whether the states have to comply with the Bill of Rights in the last 80 years.

Just so we are clear here - you do not believe that the conduct of state government is limited by the Bill of Rights.