Final answer:
The constitutional problem lies in the selective incorporation of the Bill of Rights into state laws, a process established over time by the Supreme Court to ensure fundamental liberties are protected at the state level despite variations in state constitutions.
Step-by-step explanation:
The constitutional problem relating to the nationalization of the Bill of Rights stems from the selective incorporation of its provisions into state laws and constitutions. Initially, the Supreme Court in Barron v. Baltimore (1833) asserted that the Bill of Rights did not apply to state governments.
However, starting with the 1897 ruling, the Court began interpreting the Fourteenth Amendment as mandating that certain rights guaranteed by the Bill of Rights also apply to the states. This process known as selective incorporation meant that state laws and actions could be found unconstitutional if they infringed on these federally protected rights, even if a state's constitution did not explicitly provide the same level of protection. This judicial approach helped to unify the protection of civil liberties across the nation, despite varied interpretation by individual states.