The SCOTUS has a long and generally consistent record of constitutional malinterpretation. The constitution forbids religious tests for public office, already preventing a federal established religion. In fact the Bill of Rights as written is supposed to guarantee the *individual* rights of the people, and as such it is meaningless unless it applies to the states. The *text* of the constitution guarantees the people of every state "a republican form of government." Since there is no explicit definition of the term "republican form of government" the definition has to be ostensive. The ordainers ("framers" is a reactionary invention) in setting out the constitution as a whole--and insisting that it be amended to guarantee their individual rights--established it as the ostensive definition of a "republican form of government." The whole Bill of Rights applies to the states and always has, despite the refusal of the most reactionary branch of government to enforce it.
^^^^^ CB: I think I agree with you that Bill of Rights _should_ have always applied to the states, but the 14th Amendment made that explicit, so all's "well" (smile).
There may be no explicit definition in the Constitution, but a republican form of government means representative government. It's an indirect form of democracy. The Bill of Rights does not discuss the process of representation or elections, so republican form of government is not defined there. Republican principles are layed out in Articles 1, 2 and 5.
(Although , wikipedia says that there was an Amendment on Apportionment proposed but not passed as part of the Bill of Rights * )
The Bill of Rights enshrines Rights and Freedoms , negative freedoms and as you say , individual rights and freedoms; except for the 10th Amendment, which leaves _powers_ to the states, not individuals.
* Proposed amendments not passed with Bill of Rights Article I – Apportionment. After the enumeration required by the first article of the Constitution, there shall be one representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred representatives, nor less than one representative for every forty thousand persons, until the number of representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall be not less than two hundred representatives, nor more than one representative for every fifty thousand persons.
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights