asmith555 said:
If R vs W is overturned it will mean someone actually looked at the constitution and realised the Federal government has no authority to rule over the state in this case and states would decide for themselves through the voters.
It may sound un-American to have the voters decide the issues but none the less it is the best way.
This is a part of Article VI of our Constitution:
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. "
It is the Supremacy Clause. It means all state's laws are under the Constitution. No state law can override the Constitution.
The Fourteenth Amendment states:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
There is nothing more fundamental to the concept of "liberty" than personal freedom and privacy. Without those things, we are not a free nation.
This country tried giving states the power to govern themselves with The Articles of Confederation. It did not work. That is why we now have The Constitution and the Supremacy Clause.