Process of Incorporation

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

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

    Amendment: 5th, Provision: Eminent Domain. This determined the Due Process Clause of the Fourteenth Amendment required states to provide just compensation for seizing private property.
  • Gitlow v. New York

    Gitlow v. New York

    Amendment: 1st, Provision: Freedom of Speech. This held that the 14th Amendment had extended the 1st Amendment's provisions protecting freedom of speech and freedom of the press to apply to the governments of U.S. states.
  • Near v. Minnesota

    Near v. Minnesota

    Amendment: 1st, Provision: Freedom of the Press (Prior Restraint). This decided that prior restraint on publication was found to violate freedom of the press as protected under the First Amendment.
  • DeJonge v. Oregon

    DeJonge v. Oregon

    Amendment: 1st, Provision: Freedom of Assembly. The Supreme Court of the United States held that the 14th Amendment's due process clause applies freedom of assembly against the states.
  • Cantwell v. Connecticut

    Cantwell v. Connecticut

    Amendment: 1st, Provision: Free Exercise of Religion.This held that the 1st Amendment's federal protection of religious free exercise incorporates via the Due Process Clause of the 14th Amendment, which then applies to state governments too.
  • Everson v. Board of Education of the Township of Ewing

    Everson v. Board of Education of the Township of Ewing

    Amendment: 1st, Provision: Government establishment of Religion. Decided by the Supreme Court, this case applied the Establishment Clause in the country's Bill of Rights to state law.
  • In re Oliver

    In re Oliver

    Amendment: 6th, Provision: Public Trial.This was a decision by the Supreme Court involving the application of the right of due process in state court proceedings.
  • Mapp v. Ohio

    Mapp v. Ohio

    Amendment: 4th, Provision: Exclusionary Rule. In this case, the Court ruled that the exclusionary rule, which prevents prosecutors from using evidence in court that was obtained illegally, cannot be used in state and federal courts.
  • Robinson v. California

    Robinson v. California

    Amendment: 8th, Provision: Cruel and Unusual Punishment. This case was the first landmark decision of the Supreme Court in which the 8th Amendment was interpreted to prohibit criminalization of particular acts or conduct, as contrasted with prohibiting the use of a particular form of punishment for a crime.
  • Edwards v. South Carolina

    Edwards v. South Carolina

    Amendment: 1st, Provision: Freedom to Petition. This ruled that the 1st and 14th Amendments forbid state government officials to force a crowd to disperse when they are otherwise legally marching in front of a state house.
  • Gideon v. Wainwright

    Gideon v. Wainwright

    Amendment: 6th, Provision: Right to Counsel in felony cases. In this case, the Court ruled that the 6th Amendment requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own.
  • Ker v. California

    Ker v. California

    Amendment: 4th, Provision: Protection against unreasonable search and seizure (warrants). This case incorporated the 4th Amendment's protections against illegal search and seizure.
  • Malloy v. Hogan

    Malloy v. Hogan

    Amendment: 5th, Provision: Protection against self-incrimination. This case deemed defendants' 5th Amendment privilege not to be compelled to be witnesses against themselves was applicable within state courts as well as federal courts.
  • Pointer v. Texas

    Pointer v. Texas

    Amendment: 6th, Provision: Right to Confront Witnesses. This was a decision made by the Supreme Court involving the application of the right of to confront accusers in state court proceedings.
  • Miranda v. Arizona

    Miranda v. Arizona

    Amendment: 5th, Provision: Right to be informed of rights upon arrest. This case was a landmark decision of the Supreme Court in which the Court ruled that the 5th Amendment restricts prosecutors from using a person's statements made in response to interrogation in police custody as evidence at their trial unless they can show that the person was informed of the right to consult with an attorney before and during questioning.
  • Klopfer v. North Carolina

    Klopfer v. North Carolina

    Amendment: 6th, Provision: Right to a Speedy Trial. This was a decision made by the Supreme Court involving the application of the Speedy Trial Clause of the United States Constitution in state court proceedings.
  • Washington v. Texas

    Washington v. Texas

    Amendment: 6th, Priovision: Right to a compulsory process to obtain witnesses for defense (subpoenas).This was a case in which the Court decided that the Compulsory Process Clause of the 6th Amendment is applicable in state courts as well as federal courts.
  • Duncan v. Louisiana

    Duncan v. Louisiana

    Amendment: 6th, Provision: Right to Trial by jury in criminal cases. This was a Supreme Court decision which incorporated the Sixth Amendment right to a jury trial and applied it to the states.
  • Benton v. Maryland

    Benton v. Maryland

    Amendment: 5th, Provision: Protection against Double Jeopardy. This was a Supreme Court decision concerning double jeopardy. Benton ruled that the Double Jeopardy Clause of the 5th Amendment applies to the states.
  • Schilb v. Kuebel

    Schilb v. Kuebel

    Amendment: 8th, Provision: Protection against excessive bail. In this case, Schilb was charged with two traffic offenses and secured pretrial release after depositing 10% of the bail fixed. He was convicted of one offense and acquitted of the other. After he paid his fine, all but 1% of the bail (amounting to $7.50) was refunded. He claimed that the 1% retention charge is imposed on only one segment of the class gaining pretrial release and on the poor, but not on the rich.
  • Rabe v. Washington

    Rabe v. Washington

    Amendment: 6th, Provision: Right to be informed of the nature of accusations. This was a Supreme Court decision involving the application of obscenity laws and criminal procedure to the states.
  • Argersinger v. Hamlin

    Argersinger v. Hamlin

    Amendment: 6th, Provision: Right to counsel for imprisonable misdemeanors. This case held that the accused cannot be subjected to actual imprisonment unless provided with counsel.
  • McDonald v. Chicago

    McDonald v. Chicago

    Amendment: 2nd, Provision: Right to keep and bear arms. This was a case that found that the right of an individual to "keep and bear arms", as protected under the 2nd Amendment, is incorporated by the Due Process Clause of the 14th Amendment and is thereby enforceable against the states.
  • Timbs v. Indiana

    Timbs v. Indiana

    Amendment: 8th, Provision: Protection against excessive fines. This was a case in which the Court dealt with the applicability of the excessive fines clause of the 8th Amendment to state and local governments in the context of asset forfeiture.