Before the Civil War the majority of states had already banned the practice. It had to break down in order to be able to jam in an amendment to the constitution against it. States were already in the process of banning it themselves.
That we operate as a society within the confines of the law. And the confines we exist in can be changed if the majority don't agree that something isn't right.
Actually there are specific confines that cannot be changed by majority. Might I refer you to the US Constitution, which itself constrains which laws are flexible and which are not, and which this administration has run afoul of now on hundreds of occasions?
You realize that creating fear in the public, especially your political opposition (i.e. blue cities), using lawful or arguably-lawful means is absolutely a hallmark of fascism, correct?
I disagree. I think that is more of a hallmark of news media or influencer culture where irrational fears can be fanned and spread throughout a populace.