[RKV]

I beg your pardon, I should have been much more clear. I consider the doctrine of "partial incorporation" to be in error. I recognize that there are plenty of scholars and jurists who support theories which make the BOR partly applicable to states or not at all. My reading of history and the 9th and 10th Amendments (Article 6 and other parts of the Constitution as well) makes me find such arguments to be wanting in logic.

[robertpaulsen]

Ok. Just so I understand.

You're saying the BOR always applied to the states -- even the first amendment which specifically states, "Congress shall make no law ...". Is that correct, or are you making an exception for the first amendment?

Now, you're also saying that since the BOR applied to the states, for the last 215 years "the courts have failed to enforce the Constitution and that legislatures pass unconstitutional laws".

That's your position, huh? And that makes sense to you?