My point exactly. If the Supreme Court had enforced the restrictions of the first 8 amendments against the states, you would be able to have a jury trial in small claims court..assuming you were willing to wait long enough and states would have to employ grand juries for all indictments, at least felony indictments. (Amendment 5 says "infamous crimes"); In fact that's a very good example of "selective incorporation" via the due process clauss. Parts of the 5th amendment have been "incorporated" against the states, i.e. Miranda rights to not incriminate oneself (right to an attorney is in the 6th amendment, also partly incorporated)