Wrong. That was made from whole cloth by a judge. It is no part of Constitutional law. In fact, it creates new law, something the judiciary has no power to do.
Here's the operative part of the original legislation:
The First 10 Amendments to the Constitution as Ratified by the States
December 15, 1791
Preamble
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.
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 insure 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.
This clearly is all the "incorporation" the Amendments need to be part of the "Supreme Law of the Land", the "laws of any State to the contrary notwithstanding", and "the Judges of every State shall be bound thereby".
I agree with you that the incorporation doctrine is no part of Constitution and is judge made. You do cite how the Constituion is to be amended, but that does not negate the fact that the Constitution, as originally intended, was to grant specific limited powers to the fed gov while all others belong to the states or people.
Are you arguing that the original intent of the Constitution is to apply against the states too?
"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.:"
I think you misread this. This incorporated the Bill of Rights into the federal constitution, BUT, did not incorporate the BOR's into state law or prempt state constitutions on the issue...the intent of the 14th amendment was to do that.
I'm sure you have, therefore, an explanation for the Preamble to the Bill of Rights?
"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 insure the beneficent ends of its institution."
Looks to me as though they intended the BOR to apply to the newly formed federal government.
(Note: "in the Government" not "in our governments". Also, "its institution" can only be the instituting of the federal government)