Only according to one interpretation of the Fourteenth amendment, as the article you posted discusses. The Bill of Rights could not apply to the states before the Fourteenth Amendment was ratified. You simply will not admit that.
You ignore Article VI joe, which clearly says that States must support the US Constitution, "notwithstanding" anything to the contrary in their own constitutions.
We let fully informed juries decide if laws are repugnant to the Constitution.
No we let the Supreme Court decide that rights not mentioned in the constitution like the right to murder your baby are inviolable.
Hype. -- Roe simply said that State legislators could not decree that early term abortion was murder. Only juries decide what is murder.
The principle is there joe, in the 2nd, the 9th & 10th. And due process must be followed in the writing of laws.
The Bill of Rights is a list of restrictions on government, It does not make any claim that everyone has a right to do whatever they want provided they don't violate another's rights.
That principle is rationally inherent in our system joe. That you seem to be incapable of understanding it is sad & unfortunate.
Some crimes don't involve the violation of anyone's rights.
Interesting. Can you explain?
Of course they must support the constitution, but the constitution does not say that the Bill of Rights applies to the states. The Ninth Amendment reserves to the states all those powers not specifically enumerated federal. The Bill of Rights was never considered to apply to the states by the founders nor by any court ruling for over a hundred years. Today it only is applied so due to the fourteenth amendment, not the supremacy clause, which has never applied to the Bill of Rights.
"Certainly no power to prescribe any religious exercise, or to assume authority in religious discipline, has been delegated to the general government. It must then rest with the states, as far as it can be in any human authority..." - Thomas Jefferson, Letter to Samuel Miller, January 23, 1808We let fully informed juries decide if laws are repugnant to the Constitution.
No, we don't. "Fully informed" juries can do cute things like let OJ get away with cutting his wife's head off because they think there are too many blacks in prison, but they cannot overturn laws. Only judges can do that.
Roe simply said that State legislators could not decree that early term abortion was murder. Only juries decide what is murder.
Unless a judge tells them they can't because it's the woman's choice, yada, yada, yada...
Your libertarian definition of freedom is not "inherent" in the Constitution. The government cannot infringe on natural God-given rights. God didn't give you the right to kill babies, get doped up, or screw a hooker. Crimes are prohibited not only because they harm other, but because they're wrong. You may say the government has no right deciding what's right and wrong, but I say they do. In fact, that is precisely the government's purpose.