Yes: the Constitutional amendments, legally (thanks to perverse judicial history), do NOT apply to the states until the Supreme Court says they do - one right at a time.
This is silly. Article VI of the US Constitution already does this. Alway has.
Well, that depends on how you look at privileges and immunities in the 14th. Before the 14th it was pretty clear that the BOR applied only to the feds. After the 14th, there are conflicting legal results, which will have to be overturned (by this ruling?). I would feel better if this ruling wasn’t coming from the most overturned circuit in the country.
There's nothing perverse about it.
The Constitution is an instrument for defining the limits of Federal power and was not designed to be applied to the States. The Framers did not intend for the Constitution to apply to the States, except in those places in the document in which the States were explicitly mentioned. Unfortunately, Chief Justice Taney effectively nullified years of the proper understanding of sovereignty by his decision in the case of Dred Scott v. Sandford. Like most sweeping decisions made without an overwhelming popular mandate, it was a horrible mistake. A reversal of that decision required a Civil War and a Constitutional Amendment -- XIV.
The XIVth Amendment was intended to extend the concept of citizenship to Americans as Americans and not merely as citizens of the States in which they reside. Until that Amendment, the Bill of Rights did not apply to the States; or so Justice Taney held.
Whether the Court should simply have argued that all of the Bill of Rights should be "incorporated" immediately by the XIVth Amendment is debatable. Being a Right of the People, and not of the States, Amendment II should have been incorporated long ago. But it is a very radical and certainly not a conservative opinion to think that the Court in the mid-1860's should suddenly have swept away all of the States' powers and immunities created by a century of statute and tradition. And there are clearly still parts of the Bill of Rights which do not apply to the States.