[elwoodblues]

[ QUOTE ]
Actually, there was no mistake in your original post according to pre-14th amendment interpretation of the Bill of Rights. Prior to the 14th Amendment and incorporation, even the amendments that did not specifically mention the federal government were always interpeted to apply only to the federal government.

[/ QUOTE ]

Perhaps you misunderstand the point...it has nothing to do with limiting the states.

Absent the bill of rights, could the FEDERAL government under its powers in the Federal Constitution (even pre-14th Amendment) do the following:

Impose torture as a sentence to a minor federal crime?
Indict someone for a felony without a Grand Jury?
Deny an accused a trial by jury?


Even beyond those obvious examples, the Bill of Rights allows for lines to be drawn in close cases --- for example where power to regulate interstate commerce might conflict with the notion of a free press or free speach. Where those conflicts arise (with the presence of the bill of rights) courts weigh the general power to regulate interstate commerce with the specific rights enumerated in the Constitution.