I do not believe the Fourteenth Amendment applies the Bill of Rights to the States. We have talked about this before. If the 2nd Amendment applied to the States, that would include the phrase "shall not be infringed," which would make all State gun laws unconstitutional, as well as all federal gun laws. Should all gun laws at both the federal level and the State level be null and void?
If you read the Congressional Globe, Ohio Congressman John Bingham, the writer of the clause, desired that it apply the Bill of Rights to the States, forcing the States to protect the immortal Bill of Rights. Opponents against Bingham's point of view argued that Bingham's desire that the Bill of Rights must be applied to the States went against the original intent of the founders, and used Chief Justice John Marshall’s Supreme Court ruling in Barron v. Baltimore, that held that federal courts could not enforce the Bill of Rights against the states, as a part of their evidence.
In the end, it was recognized that our rights belong to us, and the States were expected to abide by the wishes of the citizens in regards to not stomping on our rights, but it was not the federal government's authority to force the States to do so. The responsibility fell on the States. Therefore, though Bingham's desire was the incorporation of the Bill of Rights to the States, the overall vote decided against that. Those that supported Bingham's position were not satisfied with that, and over the following decades, and even well into the next century, embarked on a campaign that would bring about Bingham's wishes by incorporating the Bill of Rights to the States through a series of court rulings.
So, Mr. MXXXX's assessment of the Privileges and Immunities Clause of the 14th Amendment does not jive with the original intent of those that voted for it in Congress, but instead agrees with the progressive push regarding that clause. Remember, progressives believe that the Constitution was written to "United and Control the States," as iterated by Joe Klein in his Obama's Fairness Doctrine article in Time Magazine (final paragraph) a couple years ago. In reality, it is none of the federal government's business what the States do - but it is "our" business. The States should not infringe on gun rights because the right to keep and bear arms is a natural right, or a fundamental right - not to be forced by the federal government, but to be responsibly defended and protected by the people whose rights could be in jeopardy if they don't fight for them.
Here are a few links to help you with your research should you wish to look into my position. You will notice in your research that those that support incorporation uses case law as their argument.
I hope this helps.
Blessings,
Douglas V. Gibbs
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