That's odd. I re-read Marbury v Madison and found no reference to a "Bingham". This landmark case established the concept of "judicial review" not "Bingham review" to determine the constitutionality of an action based on the court's interpretation of the document.
Sure, on the floor of the House, Binghan "claimed" the privileges and immunities of "citizens of the United States" were defined in the first eight amendments. And on the floor of the Senate, John McCain "claimed" that Campaign Finance Reform would not violate the first amendment. So?
As they did with CFR, the U.S. Supreme Court "corrected" Mr. Binham's assertions with their decision in The Slaughterhouse Cases a few years later where they defined the privileges and immunities of "citizens of the United States". And those privileges and immunities did NOT include the first eight amendments.
"After all, Bingham had essentially pre-incorporated all the Constitution's privileges and immunities anyway."
If so, it was the best kept secret in Washington, in that for the next 50 years Congress and the U.S. Supreme Court acted as though there was no incorpotation.
Dare we trust John Bingham, the main author of Sec. 1 of the 14th A., about what he wanted Sec. 1 to mean? Jefferson put it this way.
"The true key for the construction of everything doubtful in a law is the intention of the law-makers. This is most safely gathered from the words, but may be sought also in extraneous circumstances provided they do not contradict the express words of the law." --Thomas Jefferson to Albert Gallatin, 1808. ME 12:59