Process of Incorporation

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

    Chicago, Burlington, and Quincy Railroad Company v. City of Chicago
    The Court held that the Due Process clause required the states to award just compensation when taking private property for public use. 5th Amendment. Provision- eminent domain
  • Gitlow v. New York

    Gitlow v. New York
    The Court concluded that NY could prohibit advocating violent efforts to overthrow the government under the Criminal Anarchy Law. 1st Amendment. Provision- freedom of speech
  • Near v. Minnesota

    Near v. Minnesota
    The Court held that the statutory scheme constituted a prior restraint and hence was invalid under the First Amendment. The Court established as a constitutional principle the doctrine that the government could not censor or prohibit a publication in advance. 1st Amendment. Provision- freedom of the press
  • DeJonge v. Oregon

    DeJonge v. Oregon
    The Court held that the Oregon statute violated the due process clause of the Fourteenth Amendment. 1st Amendment. Provision- freedom of assembly
  • Cantwell v. Connecticut

    Cantwell v. Connecticut
    The Court held the Cantwells' actions were protected by the First and Fourteenth Amendments. The Court also held that while the maintenance of public order was a valid state interest, it could not be used to justify the suppression of "free communication of views." 1st Amendment. Provision- free exercise of religion.
  • Everson v. Board of Education of the Township of Ewing

    Everson v. Board of Education of the Township of Ewing
    A divided Court held that the law did not violate the Consitution. 1st Amendment. Provision- government establishment of religion
  • In Re Oliver

    In Re Oliver
    The Court assembled that a criminal trial conducted in secret would violate the procedural requirements of the Fourteenth Amendment's due process clause, although it's actually holding there was that no violation had in fact occurred since the trial court's order barring the general public had not been enforced. 6th Amendment. Provision- public trial
  • Mapp v. Ohio

    Mapp v. Ohio
    The majority brushed aside First Amendment issues and declared that all evidence obtained by searches and seizures in violation of the Fourth Amendment is inadmissible in a state court. The decision launched the Court on a troubled course of determining how and when to apply the exclusionary rule. 4th Amendment. Provision- exclusionary rule
  • Robinson v. California

    Robinson v. California
    The Court held that laws imprisoning persons afflicted with the "illness" of narcotic addiction inflicted cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. 8th Amendment. Provision- cruel and unusual punishment
  • Edwards v. South Carolina

    Edwards v. South Carolina
    In an 8-1 decision, the Court reversed the criminal convictions of the black students. 1st Amendment. Provision- freedom to petition
  • Gideon v. Wainwright

    Gideon v. Wainwright
    In a unanimous opinion, the Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own. 6th Amendment. Provision- right to counsel in felony cases
  • Ker v. California

    Ker v. California
    The Court held that the surreptitious entry into the apartment was justified because the deputies were investigating narcotics, which was an exigent circumstance, and held that the arrests of the Kers were lawful. 4th Amendment. Provision- protection against unreasonable search and seizure (warrants)
  • Malloy v. Hogan

    Malloy v. Hogan
    The Court held that the Fifth Amendment´s exception from compulsory self-incrimination is protected by the Fourteenth Amendment against abridgment by a state. 5th Amendment. Provision- protection against self-incrimination
  • Pointer v. Texas

    Pointer v. Texas
    In a unanimous opinion, the Court held that the Sixth Amendment´s right of confrontation required Texas to allow Pointer an opportunity to confront Dillard through counsel. 6th Amendment. Provision- right to confront witnesses.
  • Klopfer v. North Carolina

    Klopfer v. North Carolina
    In a unanimous decision, the Supreme Court held that indefinitely suspending a trial violates a defendant's right to a speedy trial. 6th Amendment. Provision- right to a speedy trial
  • Miranda v. Arizona

    Miranda v. Arizona
    5-4 majority, concluding that the defendant´s interrogation violated the Fifth Amendment. To protect the privilege, the Court reasoned, procedural safeguards were required. A defendant was required to be warned before questioning that he had the right to remain silent and that anything he said can be used against him in a court of law. 5th Amendment. Provision- right to be informed of rights upon arrest.
  • Washington v. Texas

    Washington v. Texas
    The Supreme Court held that the Sixth Amendment right to compulsory process is so fundamental that it is incorporated in the due process clause of the Fourteenth Amendment. 6th Amendment. Provision- right to a compulsory process to obtain witnesses for the defense
  • Duncan v. Louisiana

    Duncan v. Louisiana
    In a 7-2 decision, the Court held that the Sixth Amendment guarantee of trial by jury in criminal cases was "fundamental to the American scheme of justice." and that the states were obligated under the Fourteenth Amendment to provide such trials. 6th Amendment. Provision- right to trial by jury in criminal cases
  • Benton v. Maryland

    Benton v. Maryland
    In a 7-2 decision, the Court overruled Palko holding that the Double Jeopardy Clause of the Fifth Amendment as applied to the states is an element of liberty protected by Due Process of the Fourteenth Amendment. 5th Amendment. Provision- protection against double jeopardy
  • Schilb v. Kuebel

    Schilb v. Kuebel
    The Court found that the administrative fee before it did not offend due process even though it was imposed on both those who were convicted and those who were acquitted. 8th Amendment. Protection against excessive bail
  • Rabe v. Washington

    Rabe v. Washington
    The Supreme Court reversed the obscenity conviction of the manager of a drive-in movie theater in Richland, Washington. The drive-in manager argued that a movie with sexual scenes was protected by the First Amendment. 6th Amendment. Provision- right to be informed of the nature of accusations
  • Argersinger v. Hamlin

    Argersinger v. Hamlin
    The Court found that the Sixth and Fourteenth Amendments required states to provide an attorney to indigent defendants in cases involving serious crimes. 6th Amendment. Provision- right to counsel for imprisonable misdemeanors
  • McDonald v. Chicago

    McDonald v. Chicago
    The Supreme Court reversed the Seventh Circuit, holding that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states. 2nd Amendment. Provision- right to keep and bear arms
  • Timbs v. Indiana

    Timbs v. Indiana
    The Court found that the Excessive Fines Clause finds its origins in the Magna Carta, the historic English Bill of Rights, and state constitutions from the colonial era to the present day. 8th Amendment. Provision- protection against excessive fines.