I must say that these constant attempts by Freepers for a federal protection of rights- much though it irritates me LOL!- is just what Madison did. It's a shame it wasn't accomplished until the 14th Amendment, but it just wasn't possible until the federal government had proved itself to the people and enough states were willing to combine to destroy slavery.
To a great extent the 14th Amendment brought Madison's original constitutional scheme to completion by giving the feds a power to protect people from their states.
As a matter of history and fact, the 14th was passed in order for the the federal government to bestow priviliges and immunities (heretofore called 'unalienable rights') upon non-Citizens who just walked off the plantation, free as a bird by virtue of Amendment 13.
Our government cannot bestow 'rights,' per se, so it did the next best thing when it realized the states were going to be slow in recognizing non-Citizens were of equal stature and status. Even Lincoln didn't want non-Citizens living in his neighborhood. No one will argue that the states provided protection for non-Citizens, nor were they compelled to admit them to their Citizenry as equals under existing laws.
If the states were not going to protect them, then the federal government had to protect them. In order to do that, they had to create a new identity for them and a federal zone and jurisdiction for them to live where federal law would protect them -- which it did with the 14th which allowed them to exist as citizens of the federal United States, and of the states in general, bestowing upon them similar benefits as free men enjoyed.
Just because slavery was abolished, that did not automatically confer any special privileges or rights to the slaves. Those privileges had to be conferred and recognized through federal legislation in conjunction with the 14th Amendment which served as the launching pad.
The new designation for these people was referred to as 'citizen,' -- a federal identifier. The 14th did NOT apply to Citizens, whose unalienable rights were not questioned, and were, in fact, already recognized and protected and required no such amendment to protect them further.
"To a great extent the 14th Amendment brought Madison's original constitutional scheme to completion by giving the feds a power to protect people from their states."
So long as Citizens traded in their sovereign status to the federal government by contract to be henceforth known as a federal citizen.
But why would they do that? But some did, and still do every day.