Incorporation Doctrine

  • Chicago Burlington and Quincy Railroad Company v. City of Chicago

    Chicago Burlington and Quincy Railroad Company v. City of Chicago
    This case incorporated the 5th amendment, saying that private property could not be solely taken based on money.
  • Gitlow v. New York

    Gitlow v. New York
    Gitlow’s case incorporated the 1st amendment when he published a socialist related paper that New York said violated their law. Gitlow was found not guilty, as his writings was simply a freedom of speech right.
  • Near v. Minnesota

    Near v. Minnesota
    The court determined that Minnesota’s attempt to censor a newspaper company was a violation of free press, therefore incorporating the 1st amendment.
  • DeJonge v. Oregon

    DeJonge v. Oregon
    This case determined that the states did not have the right to restrict people’s right to assembly. This incorporated the 1st amendment.
  • Cantwell v. Connecticut

    Cantwell v. Connecticut
    2 Jahova witnesses were arrested for violating state laws. The courts decided based on the 1st amendment, that the witnesses had the right to speak door to door to the state’s people.
  • Everson v. Board of Education of the Township of Ewing

    Everson v. Board of Education of the Township of Ewing
    New Jersey wanted to help parents with transportation costs for their children attending school, even private religious schools. The court ruled that this was not a violation of the 1st amendment, because the state was only paying for the cost of transportation and not anything affiliated with religion.
  • Mapp v. Ohio

    Mapp v. Ohio
    This case determined that the evidence found against mapp was obtained illegally and could not be used in court, therefore incorporating the 4th amendment.
  • Robinson v. California

    Robinson v. California
    The court determined that it was against the 8th amendment to punish someone for their addiction status.
  • Gideon v. Wainwright

    Gideon v. Wainwright
    Gideon was found guilty in state court with no lawyer present, after he had requested one because he couldn’t afford it. The Supreme Court incorporated the 6th amendment by saying that under the 6th amendment Gideon should have been given the right to a lawyer.
  • Edwards v. South Carolina

    Edwards v. South Carolina
    A large group of black students were convicted after peacefully protesting and ignoring a police’s order to disperse. The Supreme Court decided that this conviction infringed on their 1st amendment rights.
  • Ker v. California

    Ker v. California
    The Court decided that the entry to Ker’s apartment was legal because the officers were investing narcotics. The arrest was lawful.
  • Malloy v. Hogan

    Malloy v. Hogan
    Malloy was arrested after his court case where he refused to answer questions about his crimes. He claimed he had this protection under the 5th amendment. The Supreme Court stated that states had to uphold the 5th amendment.
  • Pointer v. Texas

    Pointer v. Texas
    Pointer was arrested for robbery. In court he was denied the chance to confront a witness. The Supreme Court ruled that under the 6th amendment, Pointer’s convictions was unlawful.
  • Miranda v. Arizona

    Miranda v. Arizona
    Miranda was arrested and interrogated without an attorney present. Miranda claimed this violated his 5th amendment rights, because he was not informed of his rights. The Court decided the 5th amendment was incorporated and everyone should be informed of their rights upon arrest.
  • Klopfer v. North Carolina

    Klopfer v. North Carolina
    Klopfer’s jury could not come to a verdict during his trial. He claimed this violated the right to a speedy trial under the 6th amendment. This allowed the Supreme Court to incorporate this amendment to the states.
  • Washington v. Texas

    Washington v. Texas
    Fuller was convicted of the same murder that Washington was on trial for. The state court refused to let Washington have Fuller testify on his behalf and say that Washington was stopping the shooting and not involved with the murder. The Supreme Court decided this violated his 6th amendment right to a compulsory process.
  • Duncan v. Louisiana

    Duncan v. Louisiana
    The state of Louisiana refused to provide a jury trial to Duncan, who was convicted of assault. The Supreme Court stated that the state should have provided a jury trial to Duncan under the 6th amendment.
  • Benton v. Maryland

    Benton v. Maryland
    Benton was charged for larceny twice. The Supreme Court stated that he could not be charged for the same crime twice, therefore incorporating the 5th amendment.
  • Schilb v. Kuebel

    Schilb v. Kuebel
    The administrative fee for bail did not offend the Due Process. This incorporates the 8th amendment.
  • Rabe v. Washington

    Rabe v. Washington
    Obscene content was possessed by the owner of a drive in theater. Rabe claimed this content was protected under the 1st amendment, according to the Supreme Court he was correct.
  • Argersinger v. Hamlin

    Argersinger v. Hamlin
    Argersinger was charged for carrying a concealed weapon. The Supreme Court declared the 6th amendment right to an attorney was incorporated within the states for serious crimes.
  • Mcdonald v. Chicago

    Mcdonald v. Chicago
    The Supreme Court decided that the 2nd amendment should be incorporated within state and federal government.
  • Timbs v. Indiana

    Timbs v. Indiana
    Timbs was convicted for transporting heroin and charged an excessive amount of fines for his crimes. The Supreme Court deemed this unlawful under the 8th amendment.