Congress of the United States begun and held at the City of New York, on Wednesday the fourth of March, one thousand seven hundred and eighty-nine.Those first few words of the First Amendment must have some meaning, those men who wrote our Constitution were extremely careful, they left no superfluous phrases hanging about. Thus when we read "Congress shall no law", that applies only to the first and leaves the others to apply to all entities of government Federal or State.The Conventions of a number of the States, having at the time of their adopting the Constitution expressed a desire in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government will best ensure the beneficent ends of its institution.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, two thirds of both Houses concurring that the following Articles be proposed to the Legislatures of the several states as Amendments to the Constitution of the United States, all or any of which articles, when ratified by three fourths of the said Legislatures to be valid to all intents and purposes as part of the said Constitution. viz.
Articles in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress and Ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution."
Those were the minimum safeguards to liberty of the citizens that each state must supply to be part of the United States.
You should read it more carefully the line in question in in the 2nd paragraph describing the reason behind the amendments:
“The Conventions of a number of the States, having at the time of their adopting the Constitution expressed a desire in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added”
If theses were as you contend mandatory upon the states to join the union then many if not most of the original 13 states would not be in complaint to this day.
Yes that is right to this day Not all of the “Bill of rights” have been “incorporated” against our States.
When the Federal employees in black robes issued their decree that The people are hence forth forbidden from ceding said power to their State Government using the irresponsible wording of the 14th amendment as an excuse.
They created what is really a source of limitless arbitrary power for themselves. To this day despite the vague ideas of some of them that it should be limited only to the first 8, they have still not even incorporated all 8 of them.
They have furthermore in choosing to ignore aspects of some not yet incorporated against the States, they have also choose to ignore those same prohibitions against the Federal Government. See the Original post in this thread listing Federal excused for limiting free speech.
What we have here is an entirely arbitrary and completely jumbled mess of dictatorial edicts from the Federal Employees in black robes.
Even if the first 20th century injustices invented the Incorporation doctrine out of good intentions, any power grab into the limitless domain is ultimately evil.
It is unfortunate that among the evils to result from this power play is the murder of 40 million Americans.