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?
Please respond to the quote of the Senator who introduced the 14th Amendment to the Senate first. To me, that is clear evidence of original intent, and should cover the question of what status court decisions subsequent to passage of the 14th Amendment stand in, which do not apply the first 8 items of the BOR to the states (i.e. they are in ERROR). Then I will answer your further questions about whether or not the BOR applied before the passage of the 14th Amendment (and by the way, yes I am saying that Congress passes unconstitutional laws [see the Campaign Finance Reform Act for starters]).
More completely the First Amendment states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging THE FREEDOM OF SPEECH, ..."
Does this not clearly refer to a pre-existing right? Is there some place in the US Constitution which creates such a right? From whence did it come? The notion that states may infringe rights which the US government may not infringe is a prescription for tyranny.