My two cents.
If anyone needs their rights read to them then they should be shot on sight. Every American citizen should already know their rights from reading six simple pages the last being the Bill of Rights. Don't they teach this shit in school?
When I was in High school, they never taught that the BoR as ratified and in full force and effect in 1791, did not apply to the states, if I remember correctly.
There are some that still think the passage of the 14th AM in 1868 "automatically" applied the BoR to the states? Not true. I bet the high schools today still do not teach of the incorporation doctrine??
In Barron v. Baltimore, 1833, the great CJ John Marshall penned that the BoR did NOT apply to the states.
The SC makes law, they ammend thier own law, fact of life.
I don't know when you were in high school, but the application of the Bill of Rights to state action was implemented through a series of USSC decisions, some of which were rendered in the 1940's, a few in the 1950's and many of them in the 1960's.
You sound like you disagree with the incorporation doctrine, is that the case? If so, why?
Wolf v. Colorado, 1949, applied the 4th AM to the states, but declined to apply the exclusionary rule. Mapp v. Ohio overruled Wolf in that respect though.
Incorporation started in the 1920's.
What I meant was, I do not believe the incorporation doctrine was ever taught, the teaching was, there was a BoR, and it applied to the states, period.
I am not for or against the theory of "selective" incorporation, but it seems it would have been far less legally complicated if there was ONE ruling to incorporate as there was ONE, Barron, to not incorporate.
Some provisions are still not applicable to the states, per the SC.
States do not have to Indict by grand juries, the Vicinage clause is not applicable, the excessive bail provision of the 8th is not applicable.