Process of Incorporation

the U.S. Supreme Court ruled (5–4) that the Second Amendment to the U.S. Constitution, which guarantees “the right of the people to keep and bear Arms,” applies to state and local governments as well as to the federal government.

1897

the U.S. Supreme Court ruled (5–4) that the Second Amendment to the U.S. Constitution, which guarantees “the right of the people to keep and bear Arms,” applies to state and local governments as well as to the federal government.

Gitlow v. New York

Apr 12, 1923

the Supreme Court established that the First Amendment's free speech protections apply to state governments through the Fourteenth Amendment's Due Process Clause, a principle known as "incorporation".

Near V. Minnesota

Jan 30, 1930

the Supreme Court established that prior restraint (government censorship of speech before publication) is unconstitutional, except in rare circumstances, thus safeguarding freedom of the press under the First Amendment.

DeJonge v. Oregon

Jan 4, 1932

Dirk De Jonge, a member of the Communist Party, was arrested and convicted under Oregon's criminal syndicalism law for assisting in the conduct of a public meeting organized by the party. this incorporates the first amendment

Cantwell v. Connecticut

1939

the Supreme Court ruled that the First Amendment's protection of religious freedom applies to state governments through the Fourteenth Amendment's Due Process Clause

Everson V. Board of education

Feb 10, 1947

require governments to avoid excessive entanglement with religion, it is permissible for a state to reimburse the costs of transportation for students in parochial schools. it impororates the first amendment

In re Oliver

Mar 8, 1948

established that the Sixth Amendment's right to a public trial applies to state criminal proceedings, overturning a Michigan conviction stemming from a one-man grand jury proceeding.

Edwards V. South

Mar 2, 1961

Edwards v. South Carolina, the Supreme Court ruled that South Carolina violated the First Amendment rights of peaceful

Mapp V. Ohio

Mar 29, 1961

made unwarrented search and seizure unconstitution with the 4th amendment

Robinson v. California

Jun 25, 1962

the Supreme Court ruled that the Eighth Amendment prohibits criminalizing a person's status as a drug addict, meaning the government cannot punish someone for simply being addicted to narcotics.

Ker V California

Dec 11, 1962

the Supreme Court addressed the application of the Fourth Amendment's protections against unreasonable searches and seizures to state actions

Gideon v. wainwright

1963

he Supreme Court ruled that the Sixth Amendment's right to counsel is fundamental and applies to the states, meaning that states must provide legal representation to indigent defendants in criminal cases.

Malloy v. Hogan

Jun 15, 1964

the Supreme Court ruled that the Fifth Amendment's protection against self-incrimination, which originally applied only to federal proceedings

Pointer V. Texas

Mar 16, 1965

incorporated the Sixth Amendment's right to confrontation against the states. The case established the precedent that state courts cannot deny a person the opportunity to cross-examine a witness.

Klopfer v. North Carolina

Mar 13, 1967

incorporated the right to a speedy trial of the Sixth Amendment of the U.S. Constitution to states.

Washington V Texas

Mar 15, 1967

The court held that Texas and Louisiana lack standing to force “the Executive Branch to alter its arrest policy so as to make more arrests” because that discretion belongs to the federal government. The result is that the administration's enforcement priorities, blocked since June 2022, will now take effect. thus incorporated the 6th amendment

Duncan v. Louisiana

1968

the Supreme Court ruled that the right to a jury trial in criminal cases is a fundamental right guaranteed by the Sixth Amendment

Benton V Maryland

Jun 23, 1969

US Supreme Court ruled that the Fifth Amendment's double jeopardy clause, which protects against being tried twice for the same crime, applies to state court criminal proceedings

Rabe V. Washington

1970

the Supreme Court held that the state of Washington could not require a treaty Indian to purchase a fishing license, as required of non-Indians.

Schilb v. Kuebel

Dec 20, 1971

the United States Supreme Court holding that the Illinois bail system did not violate the Equal Protection Clause of the U.S. Constitution.

Argersinger v. Hamlin

Jun 12, 1974

made it illegal to be procecuted without council incorporating the 6th amendment

Timbs V. Indiana

Feb 20, 2019

the Supreme Court unanimously ruled that the Eighth Amendment's prohibition of excessive fines applies to states through the Fourteenth Amendment, meaning states cannot impose fines that are grossly disproportionate to the crime committed.