Post 1925 perhaps I am. However under the intent of the Constitution and the Framers, the Amendments applied only to the citizens of the respective states in accordance to their relationship with the national government.
Even under the Fourteenth Amendment the 8th Amendment to the Constitution was not 'incorporated' until 1925
Your argument would in fact set up a situation where a State could freely violate a citizen's Constitutional rights under the guise of State's Rights...no State has the right to violate the Constitutional rights of its citizens.
Hmmm, what did SCOTUS say in Pervear (1866)? Let me quote it for you shall I?
"Of this proposition it is enough to say that the article of the Constitution relied upon in support of it does not apply to State but to National legislation."
Only after 1925, after an activist Court 'found' this limitation on the states did the 8th Amendment apply at the state level.
But I do realize 'conservatives' support activist courts when it suits their needs, eh?
It is also beyond 1866, and beyond the idea of The United States are, and on to the reality of The United States is.
Then again, since you're using Pervear, I'd like to point out that the Court HEARD Pervear, and issued a judgement...so it acknowledged jurisdiction prior to 1925.
Section 2. -- The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.
All cases ~~ arising under this Constitution.
The Eight Amendment is a part of "this Constitution"; the case in question was not filed prior to 1925.
There was no "activism" in the Court finding the Eight Amendment to apply to the States, there was a Court acknowledging the Eight as part of "this Constitution".
"This Constitution" is the Supreme Law of the Land, it protects the citizens from the power of the Federal government, and charges the Federal government with the protection of the Constitutional rights of the citizens of the United States, even when it has to protect them from their own State government.
The Constitution is about the people, not about political idealism or political Parties...and the was the original intent of the Founders.