Here is the thing.
The North hated the Dred Scott decision. I doubt you will disagree with that. You ready? Incorporation does not come from the 14th amendment.
It's one of the biggest left wing loser lies out there, this incorporation doctrine. I think we can agree on this. The North hated the Dred Scott decision. Let's hear it. Agree or disagree?
I'm not certain. I know the northern legal community and politicians hated it, and I know they conveyed their outrage with it to the people around them, but I don't know if the average northerner cared about it one way or the other.
As with today, the people making a stink about something do not always represent the majority. I have not studied this particular point enough to have a good feel for what the average northerner felt, but I more or less agree with you that important components of the northern society hated it.
Incorporation does not come from the 14th amendment.
I have always heard that it does. I will be interested to hear your theory on this, and I presume it has something to do with the Dred Scott decision.
I think you will argue that because Dred Scott applied the right to own slaves to all the states in the Union, this is the initial application of the "incorporation doctrine."
This is a novel claim, and does not really fall into the category of what most people regard as the "incorporation doctrine."
I think Taney's position was that Article 4 required states to accept the legal rights of other states, and that included the right to slave "property", which was protected under the rights guaranteed in the slave states.
I can see the rational for this argument, because if a state banned someone from bringing horses into their state, it would clearly be seen as an infringement on the property rights the states agreed to when they ratified the constitution.
I think Taney's logic is that so far as the law is concerned, there is no difference between slave property and other property.
I don't agree with the laws that existed in that era, but I understand how they should apply in that time period.
The problem with the "free" states is that they agreed to get in bed with the "slave" states, and didn't like that aspect of the contract they signed.