If that was the case the Bill of Rights would have applied from the beginning. And that is clearly not the case. I would suggest you look to the Amendments that Madison offered and were denied. Specifically the one that stated the Bill of Rights would apply to the states. As that Amendment did not pass, the Framers understood the Bill of Rights were to apply only to the relationship between the citizens of the respective states and the national government
The framers of the 14th made their intent clear in the 1868 debates before ratification. They wanted ex-slaves to have the RKBA's.
'Incorporation' is as you said, a theory.
Where in our Constitution is the USSC given the power to decide if an Amendment applies to State & local governments?
Clearly, Article VI applies all of the the US Constitution to States, "- any thing in the Constitution or Laws of any State to the Contrary, notwithstanding. --"
If that was the case the Bill of Rights would have applied from the beginning.
They did.
The 'Barron' opinion, saying states had the power to ignore the Constitution, was an attempt by Justice Marshall to cool down the Souths insurrectional fervor. It worked for awhile; -- then was 'corrected' after the war by the 14th.
And that is clearly not the case. I would suggest you look to the Amendments that Madison offered and were denied. Specifically the one that stated the Bill of Rights would apply to the states. As that Amendment did not pass, the Framers understood the Bill of Rights were to apply only to the relationship between the citizens of the respective states and the national government.
That's what some States wanted to believe. Because of the threat of civil war, the point that the BOR's applied was not pressed.
The 14th was passed to correct that 'misunderstanding', but then again reconstruction realities stopped it from being applied. Jim Crow ruled.
Now its time to demand that ALL levels of government, fed/state/local, comply with our RKBA's and our BOR's.