The “State’s Rights” issue was resolved by the Civil War and the ratification of the 1868 Fourteenth Amendment… although it took until 1890’s before the Supreme Court adopted the “Incorporation Doctrine” and interpreted the “Due Process Clause” to bind the states to most of the same standards as the federal government. This has been an ongoing process in the high court… with the Second Amendment being the latest to be visited in the last few years. The wording of these last couple decisions (Washington DC and Chicago) pretty much sets a precedent regarding any other questions as to how the states are bound to the Constitution and its Amendments. The states certainly have rights to make their own laws, as long as those laws don’t interfere with any individual rights guaranteed by the Constitution, Bill Of Rights or any other Amendments.
Even so, state and local governments continue to push the limits of this doctrine… and just because nobody has expended the time and resources to bring laws to the high court don’t make them legal… they are just simply un-challenged. The liberal-progressives know that it takes years and massive resources to challenge their BS… and they count on the fact that most will remain un-challenged for that very reason.
Even so, state and local governments continue to push the limits of this doctrine… and just because nobody has expended the time and resources to bring laws to the high court don’t make them legal… they are just simply un-challenged. The liberal-progressives know that it takes years and massive resources to challenge their BS… and they count on the fact that most will remain un-challenged for that very reason.