Originally Posted by OstrichSaK
No, it was designed to spell out the rights that every individual is born with. It wasn't created to provide the rights, we are all born with them even if the document didn't exist. So if the state wishes to rule in a manner that violates the individual's rights then the federal government is supposed to step in the keep the state from violating the rights of it's citizens. This is a good example where the 5th amendment should clearly apply and anything saying otherwise is a direct violation of the individual's 5th amendment rights to not provide information that would incriminate themselves. To FORCE someone to give up any information that could be self incriminating is ludicrous. If the prosecution doesn't have a case then the guy walks. Period. End of story.
The original intent of the Constitution was to limit the federal government only. If the Constitution doesn't specifically prohibit the States, then they are free to do what they wish. At least that's how it was supposed to be. In theory, States can't really violate the 5th Amendment as it applies to the federal government only. If the Constitution is the superior document, then what is the point of States having constitutions?? In this case, it seems the Colorado constitution has been violated and it should be dealt with at the State level. We do believe in State's rights, don't we?