Better is an overly subjective term to use.
Its subjective, but not overly so. I've given you my criteria and my evidence. You can agree or disagree. Approaching double the years without a civil war is pretty difficult to argue with. As is the lack of slavery. Women's suffrage. And all those gay guys we're not executing for sodomy.
Or constitution is better. Our understanding of rights is vastly superior. And we've corrected many of the truck sized flaws in the constitution as it was written.
More rights and freedoms? Rights and freedoms recognized in case law were not added -- they were recognized as being there all along.
The founders clearly didn't recognize the rights and freedoms we do today. We recognize and protect more. The founders executed homosexuals. We recognize their marriages. The founders enslaved millions of people of African descent. We elected one president. Women weren't allowed to vote. Women vote more often than men now.
You can imagine that say, slaves could always exercise the rights we recognize all men possess today. But they didn't. You can imagine that women always had the right to vote. But they didn't. We may one day recognize the right to gay marriage. But history remains a testament to long years where the rights weren't recognized or protected.
We've done better. Not just little better.
But orders of magnitude better, extending rights to those that didn't possess them, extending the franchise, protecting more rights and abolishing the abomination of slavery that the founders jealously guarded. You may not recognize any distinction. The slave in the field and the gay man being executed for sodomy most certainly could.
The Bill of Rights did apply to the states.
Not according to the USSC, which explicitly found that the Bill of Rights didn't apply to the States. The Feds were forced to allow a State government to violate the rights of an individual in that State....as the Bill of Rights didn't restrict the actions of the State.
The 14th amendment and selective incorporation fixed that to a large degree, as it was intended to.
Our Constitution is the same one that existed over a few hundred years ago -- with a few amendments.
Amendments are alterations. Changes. You can claim that they aren't changes, but you run head long into the meaning of words and the pointlessness of argument that is entirely semantics. Especially when the changes are profound. Slavery, women's suffrage, the prohibition of States from violating rights. These remade our society.
And demonstrated how much better we are at recognizing, protecting and extending rights than the founders ever were.
The evil of slavery existed. Even some slave holders wanted to end it over time. There were arguments about it all over the place. The Constitution you claim to worship and adore was a compromise document. Without slavery being recognized there would have been NO Constitution or United States.