We don't do that with other state laws like murder and theft. And different states have different ideas on what those laws should look like too.

EDIT: I'm not sure what you mean by that. Are you upset about SCOTUS citing common law tradition? Most of our law works that way, you have to build on something. Even "reason" needs axioms and you have to find a way to pick those.

EDIT2: There are a surprising number of people who want to decriminalize theft and even murder in some situations (look up "mutual combat" in Chicago.)