Process of Incorporation

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

    Chicago, Burlington, and Quincy Railroad Company v. City of Chicago
    Incorporated in the 5th Amendment and Eminent Domain provision, it ruled that determines the Due Process Clause of the 14th Amendment requires states to provide just compensation for seizing private property.
  • Gitlow v. New York

    Gitlow v. New York
    Incorporated in the 1st Amendment and the Freedom of Speech provision, it was a landmark decision of the United States Supreme Court holding that the 14th Amendment to the United States Constitution had extended the 1st Amendment's provisions protection freedom of speech and the press to apply to the governments of U.S states.
  • Near v. Minnesota

    Near v. Minnesota
    Incorporated in the 1st Amendment and Freedom of the Press(Prior Restraint) it was a landmark decision of the US Supreme Court under which prior restraint on publication was found to violate freedom of the press as protected under the First Amendment. This principle was applied to the 1st Amendment.
  • Dejonge v. Organ

    Dejonge v. Organ
    Incorporated in the 1st Amendment and the Freedom of Assembly provision, this was a case where the Supreme Court held that the 14th Amendment's due process clause applies freedom of assembly against the states.
  • Cantwell v. Connecticut

    Cantwell v. Connecticut
    Incorporated in the 1st Amendment and Free Exercise of Religion provision, this was a landmark court decision by the Supreme Court stating that the 1st Amendment's federal protection of free practice of religion incorporates via the Due Process Clause of the 14th Amendment, thus applying to state governments too.
  • Everson v. Board of Education of the Township of Ewing

    Everson v. Board of Education of the Township of Ewing
    Incorporated with the 1st Amendment and the Government establishment of Religion provision, this was a landmark decision by the Supreme Court which applied the Establishment Clause in the country's Bill of Rights to state law.
  • In re Oliver

    In re Oliver
    Incorporated in the 6th Amendment and the Public Trial provision, this was a decision made by the Supreme Court involving the application of the right of due process in state court proceedings.
  • Mapp V. Ohio

    Mapp V. Ohio
    Incorporated with the 4th Amendment and the Exclusionary Rule provision, this was a landmark decision which the court ruled that illegally obtained evidence cannot be used in a state criminal trial.
  • Robinson v. California

    Robinson v. California
    Incorporated with 8th Amendment and Cruel and Unusual Punishment provision, this was the first landmark decision made by the Supreme Court where the 8th Amendment was interpreted to prohibit criminalization of particular acts or conduct, as contrasted to prohibiting certain punishments for crimes.
  • Edwards v. South Carolina

    Edwards v. South Carolina
    Incorporated in the 1st Amendment and the Freedom to Petition provision, this ruled that the 1st and 14th Amendments forbid state officials to force a crowd to disperse when they are legally marching in front of a state house.
  • Gideon v. Wainwright

    Gideon v. Wainwright
    Incorporated in the 6th Amendment and the Right to Counsel in felony cases provision, this decision ruled that the 6th Amendment requires states to provide attorneys to defendants if they cannot afford their own.
  • Ker v. California

    Ker v. California
    Incorporated with the 4th Amendment and the provision of Protection against unreasonable search and seizure (warrants) which enforced the 4th Amendment's protections against illegal search and seizure
  • Malloy v. Hogan

    Malloy v. Hogan
    Incorporated with the 5th Amendment and the Protection against self-incrimination provision, this deemed that defendants privilege not to be compelled to be witnesses against themselves was applicable within state and federal courts.
  • Pointer v. Texas

    Pointer v. Texas
    Incorporated with the 6th Amendment and the Right to Confront Witnesses provision, this was a decision involving the application of the right to confront accusers in state court proceedings.
  • Miranda v. Arizona

    Miranda v. Arizona
    Incorporated with the 5th Amendment and the Right to be informed of rights upon arrest provision, this case ruled that the 5th Amendment restricts prosecutors from using what someone says in response to interrogation.
  • Klopfer v. North Carolina

    Klopfer v. North Carolina
    Incorporated with the 6th Amendment and the Right to a Speedy Trial provision, this was a decision by the Supreme Court involving the application of the Speedy Trial Clause in state court proceedings.
  • Washington v. Texas

    Washington v. Texas
    Incorporated with the 6th Amendment and the Right to a compulsory process to obtain witnesses for defense (subpoenas) provision, this case enforced the Compulsory Process Clause is applicable in state and federal courts.
  • Duncan v. Louisiana

    Duncan v. Louisiana
    Incorporated with the 6th Amendment and the Right to Trial by jury in criminal cases provision, this case implemented the right to a jury trial rule to the states.
  • Benton v. Maryland

    Benton v. Maryland
    Incorporated with the 5th Amendment and the Protection Against Double Jeopardy provision, this case argues that the Double Jeopardy Clause applies to the states, and then eventually overrules Palko v. Connecticut.
  • Schilb v. Kuebel

    Schilb v. Kuebel
    Incorporated with the 8th Amendment and the Protection against excessive bail provision, this case was brought up when 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 from the other and after paying his fine, all but 1% of the bail was refunded.
  • Rabe v. Washington

    Rabe v. Washington
    Incorporated with the 6th Amendment and the Right to be informed of the nature of accusations provision, this case applied the obscenity laws and criminal procedure to the states.
  • Argersinger v. Hamlin

    Argersinger v. Hamlin
    Incorporated in the 6th Amendment and the Right to counsel for imprisonable misdemeanors, the decision in this case was that the accused cannot be subjected to actual imprisonment unless provided with counsel.
  • McDonald v. Chicago

    McDonald v. Chicago
    Incorporated in the 2nd Amendment and the Right to keep and bear arms provision, this case ruled that the 2nd Amendment applies to state, local, and federal governments.
  • Timbs v. Indiana

    Timbs v. Indiana
    Incorporated in the 8th Amendment and the Protection against excessive fines provision, this case dealt with the applicability of the excessive fines clause to state and local governments in the context of asset forfeiture.