They don't need incpororation. They are pre-existing Rights. The protections for those Rights are valid immediately after the ratification process for something like the BoR's Amendments.
No where, except in your fevered little mind, does it require Judicial review and opinion to get it to apply as written.
319 posted on 06/04/2009 12:23:36 PM PDT by Dead Corpse
(III)