How do I respond to the argument that the bill of rights (specifically amendments 4-8) must apply to the states due to the explicit restrictions on items such as search and seizure, warrants, bail, lawsuits, crimes, etc. Since these items are, for the most part, powers reserved for the states, how do I defend the position that the Bill of Rights applies only to the federal government?
None of those is reserved to the states: as the Federal Government was expressly given jurisdiction over some crimes, and as it was necessary and proper that it enact statutes against others, it would perforce have to deal with search and seizure, warrants, bail, lawsuits, etc. Any government would.
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