The amendments at issue (after 1868) that forced the states to respect the Bill of Rights include the 14th.
Our discussion of the applicability of the Bill of Rights to the States was part of our discussion of
the failures and flaws of the founders in writing the constitution. With one of the great flaws of their constitution being that the Bill of Rights didn't apply to the States.
You insisted the Bill of Rights did apply. You were obviously wrong. As you so elegantly demonstrated by your sudden and awkward shift from the Founders writing the constitution in 1787.....to the era after the 14th amendment after 1868. 80 years later.
Um, Dante......the founders were all dead when the 14th amendment passed. Their children were dead. The founders didn't write the 14th. The Founders lacked the foresight or ability to do so when they wrote their deeply and fundamentally flawed constitution. The 14th amendment was an attempt to correct the huge and horrendous flaw in the Founder's constitution.
As Congressman Bingham made so clear when arguing for the need of the 14th amendment, insisting that had the Federal Government the power to enforce and protect the rights of citizens in the States, the Civil War would never have happened. And that such power did not exist in the constitution as the founders wrote it.
Which is exactly my point. A point you just conceded by jumping to 1869. Which obviously has nothing to do with the founders who were all food for worms at that point.
Before that the courts ruled protections in the Bill of Rights limited only the actions of the federal government.
And finally, you get it. Exactly as I've said, over and over again, the constitution as the founders wrote it did NOT apply the Bill of Rights to the States.
And the is one of the many gross and horrendous flaws in the constitution that the founders created that we had to fix. The Bill of Rights not applying to the States, it did not limit State action, and the States were free to ignore whatever part of the Bill of Rights they saw fit.
That was a truck sized flaw. A flaw so severe that Congressman Bingham argued that had it not existed, the Civil War never would have happened when introducing the 14th amendment. That's hundreds of thousands of American lives lost because the founders couldn't create a constitution without such a hideous flaw. And that flaw was one among many.
We've done better than the founders. Our constitution contains no such flaw. The Bill of Rights DOES limit state action under our constitution. And rights are better protected because of it.