Incorporation
I know full well that the meaning of the US constitution and all its parts is whatever SCOTUS says it is.
None the less, in looking at the actual words of the 1st eight amendments:
1) only the first amendment prohibits the federal government (Congress), specifically, from passing laws "establishing", "prohibiting", and "abridging", certain rights. Clearly, to me, the first amendment requires incorporation/privileges and immunities to be applied to the states.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
2) The second amendment does not specify that the "right of the people to keep and bear arms, shall not be infringed" only by Congress or the federal government. Clearly, imho, enumerating this right to "the people", i.e., citizens of the Unites States, universally, thus making it automatically a right protected from infringement regardless of state of residence.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
3) The 3rd amendment also does not limit/prohibit only the federal government, but it does not specifically enumerate a "right" and does contains an out clause, "but in a manner to be prescribed by law". The out clause sort of takes away this as a universal "right" issue except in "time of peace".
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
4) The fourth amendment also enumerates "the right of the people....shall not be violated" and has no language limiting this/these rights only from infringement by the federal government, again, not a states rights issue, so it should be considered automatically incorporated/P&A.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
5) The fifth amendment also enumerates a right/rights of the people, although some are covered by the "due process of law" out. None the less, no wording to suggest any requirement to need the 14th amendment to qualify for automatic incorporation.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
6) The sixth amendment, again does not limit the scope to the federal government , so automatic incorporation.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
7) Again, for the 7th amendment, automatic incorporation
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
8) And, ditto for number 8.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
I have read a lot of the arguments of SCOTUS judges. Oliver Wendell Holmes made what seem to me
to be ridiculous claims against the bill of rights not applying to the "people" and thus not protecting the citizens for the states. It is easy from the things he wrote that he should not only be called the father of SCOTUS but also get a title of being A father of the Constitution, after the fact (which, as it turns out, applies to SCOTUS universally).
Much commentary also indicated that SCOTUS was loath to grant incorporation because of the fear that it would invalidate previous rulings, therefore creating possible reopening of many cases, even ones long past.
Justice Hugh Black often rendered minority opinions for automatic incorporation of amendments 1 - 8, using similar reasoning to my arguments. Thank goodness unsound judgment is not always lacking, even if overruled by judicial weakness.
So I recommend applying auto incorporation to amendment 2 - 8, rescinding incorporation of the 1st amendment, and amending the 1st amendment appropriately to remove the limitation to laws passed by congress.