When each State joined the Union, did they not agree to incorporate the Bill of Rights into their State Constitutions at that point in time? Even the original 13 states voted on ratifying the Bill of Rights—the Second Amendment was ratified by the States in December, 1791.
How does a State that agrees to join the Union get to pick and choose which parts of the Constitution do not apply to them?
In a word, no. The Incorporation Doctrine developed out of the 14th Amendment, post Civil War.
In the very beginning the Bill of Rights was a check on federal power only. However, each state had its own version of the Bill of Rights in its constitution to safeguard the citizens from the predations of state government. Still, there was a fair amount of variation among the states regarding civil rights.
You know the answer to that.
They cant.
But they sure as hell will if they think they can get away with it.
We must speak up.
This is why I brought up Dred Scott.
The only way to claim the state can deny it's citizens equal
protection under the 14th amendment is to claim we are not
citizens of the United States.