Originally Posted by BucEyedPea
All law is based on someone's morality.
The state govts were left with this power and it was done by the states and local areas for a long time. Libertarianism is not Constitutionalism.
...and the only way to make that law fair, and therefore valid, is for it to follow a moral code that is universal. Not dependent upon a particular religious belief. That universal moral code is based on personal liberty. The idea is that citizens should be allowed to run their own lives as much as is reasonably possible, only allowing the laws that are necessary for a society to function. When you speak of Libertarianism you seem to be looking to the European concept of it, which has been likened to anarchy. When I mention Libertarianism I am referring to the American ideal of strictly following the concepts laid out in our founding document.