Friend,
I hope I didn't offend but it seems every time I bring these issues up I get confronted with someone that sounds like a lawyer trying to argue against what I consider common sense interpretation of our rights. Unfortunately it seems we almost have to have a lawyer just to conduct our everyday affairs...like going to the doctor.
Anyway, I'm afraid you have it backwards. The constitution explicitly establishes that which cannot be breached by any government entity. Anything that is not explicitly protected by the constitution is at the discretion of the States...or so it was until about 100 years ago. The constitution gives us the right of assembly. No inferior government entity can deny that. Many of our laws today are unconstitutional. Its just that no one cares to challenge them.
For example, several states had established state religions (Christian). That didn't contradict the first amendment, which only prohibited the federal government from establishing a religion.
In theory, at least, the 14th amendment extended the US Constitution's protections, which is why no states have established religions any more, nor do they restrict voting rights or take property, etc...
Yes but, as I understand it, when the 14th amendment was passed it turned the Constitution on its head. Prohibitions against the federal government became prohibitions against the states, and even the people.
Reading the 14th amendment, I don't understand the logic. I think you have to be a lawyer.