Process of Incorporation

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

    Chicago, Burlington, and Quincy Railroad Company v. City of Chicago
    Chicago wanted to combine two of the disconnected sections of Rockwell Street on private property. The property was owned by a variety of owners and everyone was compensated except the railroad which received one dollar. The Court held that the Due Process clause required the states to award just compensation when taking private property for public use.
  • Gitlow v. New york

    Gitlow v. New york
    Gitlow was arrested for distributing a “Left Wing Manifesto" which supported the violent overthrow of the U.S. government. In the end, the Court decided that New York could prohibit supporting violent efforts to overthrow the government under the Criminal Anarchy Law.
  • Near v. Minnesota

    Near v. Minnesota
    Jay Near and Howard Guilford accused local officials of being involved with gangsters. Officials put an injunction on them stating it was slanderous. The Court decided that the statute authorizing the injunction was unconstitutional.This case involved freedom of speech.
  • De Jonge v. Oregon

    De Jonge v. Oregon
    When Dirk De Jonge was hosting a communist party, it was invaded by the police. He was arrested and charged for violating a syndicalism statute. He then argued that the information was insufficient to warrant conviction. The court had to decide if Oregon's criminal syndicalism statute violated the due process clause of the Fourteenth Amendment. The court ruled that state governments can not violate the constitutional right of peaceable assembly.
  • Cantwell v. Connecticut

    Cantwell v. Connecticut
    Newton Cantwell and his sons were trying to convert a Catholic neighborhood. Two by standers disagreed with one of their anti- Catholic statements, and they were sent to jail. The court had to decide if their conviction was violating the 1st Amendment. In the end, the Court held the Cantwells actions were protected by the First and Fourteenth Amendments.
  • Everson v. Board of Education of the Township of Ewing

    Everson v. Board of Education of the Township of Ewing
    A lawsuit was filed after New Jersey authorized reimbursement by school boards of the price of transportation which was an indirect aid to religion that violated both the New Jersey Constitution and the First Amendment. The court ruled 5-4 for the Board of Education and stated it did not violate any aspect of the Constitution. Justice Black indicated that it was put in place to accompany parents of all religions with getting their children to school.
  • In re Oliver

    In re Oliver
    The court said that a criminal trial done in secrecy would violate the 14th Amendments due process clause. The case involved the 6th Amendment and public trial
  • Mapp v. Ohio

    Mapp v. Ohio
    Dollree Mapp was convicted of ownership of lewd items after police searched her home for trying to find a fugitive. The court had to decide if the materials taken were protected under the fourth amendment. The majority decided that all evidence confiscated by searches and seizures in violation of the Fourth Amendment is unacceptable in a state court.
  • Robinson v. California

    Robinson v. California
    Robinson was addicted to narcotics and found him guilty under a California statute. The Court held that laws addicted to drugs is the "illness" of narcotic addiction.It was cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments.
  • Edwards v. South Carolina

    Edwards v. South Carolina
    187 African American students were convicted of disturbing the peace but their purpose was to submit a protest of grievances to the citizens of South Carolina. The students were convicted of breach of the peace.The court had to decide if their convictions violated their freedom of speech. The Court reversed the criminal convictions of the students.
  • Gideon v. Wainwright

    Gideon v. Wainwright
    Clarence Gideon was charged for breaking and entering. He requested a lawyer but since it was not a capital case, he did not equip one. Gideon was found guilty and stated that not having a lawyer violated his rights. The Court held that it had to require state courts to appoint attorneys for defendants who could not afford to have a counsel on their own.
  • Ker v. California

    Ker v. California
    Being recognized from a mug shot, a local police searched Murphy Terrhagen for illegal bought drugs. After more investigation, the police searched Ker (Murphys close contact with the drugs) and Ker and his wife then claimed they violated the Fourth Amendment by searching without a warrant. Him and his wife lost with Court agreeing with the deputies actions.The deputies entered with the purpose of arresting Ker, and had the right when the marijuana was kitchen was spotted.
  • Malloy v. Hogan

    Malloy v. Hogan
    After William Malloy pleaded guilty to pool selling and was placed on two year probation. 16 months later he was supposed to testify about his criminal activity but refused saying it would incriminate him. The Court stated that the Fifth Amendment's exception from compulsory self-incrimination is protected by the Fourteenth Amendment.
  • Pointer v. Texas

    Pointer v. Texas
    Bob Granville Pointer and robbed the manager, Kenneth W. Phillips. During trial, the state showed a transcript of Phillips testimony as evidence which the defense objected the use of. The judge overruled because Pointer was present at the preliminary hearing, and Pointer was convicted which the Texas court affirmed. In the end, the Court held that the Sixth Amendment's right of confrontation required Texas to allow Pointer an opportunity to confront Dillard through counsel.
  • Miranda v. Arizona

    Miranda v. Arizona
    Eresto Miranda was arrested in connection with kidnap and rape. After a two hour investigation, the police got a written confession. Miranda felt that his rights were violated because he did not get a counsel. The court stated that the defendant’s interrogation violated the Fifth Amendment.
  • Klopfer v. North Carolina

    Klopfer v. North Carolina
    Peter Klopfer was charged with criminal trespassing even though he was participating in a civil rights movement. The judge could not find a verdict and the state wanted to suspend the case for the future time being. Peter stated he had the right to a speedy trial. The court agreed that the trial violates a defendant’s right to a speedy trial.
  • Washinton v. Texas

    Washinton v. Texas
    Jackie Washington was accused of murder and sentenced to 50 year jail time. Washington stated that Charles Fuller was the one who committed the crime while she tried to stop. Based on the state statute, Fuller was not allowed to testify since it prevented persons charge of the same crime. The court decided that Washington’s right to due process was violated, but the compulsory process clause did not play a part in the decision.
  • Duncan v. Louisiana

    Duncan v. Louisiana
    An African American teenager was found guilty of assaulting a Caucasian by slapping him in the elbow. He was sentenced to jail time and a request for a jury was denied. The court agreed that due to the 6th Amendment, there should have been a jury.
  • Benton v. Maryland

    Benton v. Maryland
    Benton was charged with two offenses, burglary and larceny. The jury found him not guilty of larceny but guilty of burglary but Benton chose to confront a new grand jury. He ended being guilty for both charges and Benton then appealed arguing that him on the larceny charge after he had been acquitted amounted to double jeopardy. The Court declared that holding the Double Jeopardy Clause of the Fifth Amendment is an element of liberty protected by the Fourteenth Amendment.
  • Schilb v. Kuebel

    Schilb v. Kuebel
    The court found that the administrative fee did not offend the due process even though it was convicted and acquitted. This case involved the 8th Amendment and involved protection against the excessive bail.
  • Rabe v. Washington

    Rabe v. Washington
    Rabe was a manager at a drive in theater and in the movie, there were obscene images and scenes that ended up in him getting an obscenity charge. The Court disagreed saying that the state failed to recognize what is obscene and what is not. This involved the 6th Amendment and the right to be educated about the whole of the accusations.
  • Argersinger v. Hamilton

    Argersinger v. Hamilton
    Jon Argersinger was charged with carrying a concealed weapon (a misdemeanor) with the charge carrying a maximum penalty of six months in jail and a $1,000 fine. Argersinger was not represented by an attorney during trial. The court had to decide if the Sixth and Fourteenth Amendments gave people the right to counsel to defendants who are accused of committing misdemeanors. In the end, it was made that it is a necessity to have an attorney with the defendant in crimes such as these.
  • McDonald v. Chicago

    McDonald v. Chicago
    Law suits were made against Chicago and Oak Park challenging their gun bans. The court ruled that a handgun ban was against the 2nd Amendment.
  • Timbs v. Indiana

    Timbs v. Indiana
    Tyson Timbs purchased a Land Rover for a purpose of transporting heroin and was arrested. The state was planning to forfeit the Land Rover but the trial court denied this with the 8th Amendment in mind. The Indiana Supreme Court concluded that the SCOTUS had never clearly incorporated the Eighth Amendment against the states under the 14th Amendment. The court agreed that holding the 8th Amendment's applies to the states under the Due Process clause of the 14th Amendment.