Process of Incorporation Timeline

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

    Chicago, Burlington, and Quincy Railroad Company v. City of Chicago
    5A case dealing with Eminent Domain. The Chicago City Council decided to widen Rockwell Street, which required appropriating land owned by private individuals as well as a right of way owned by Chicago, Burlington & Quincy Railroad Company. In a jury trial, the jury awarded the railroad company only $1. Ruled that 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
    1A case involving freedom of speech. Two Communist party members were arrested for criminal anarchy, after publishing an article that advocated the violent overthrow of the government. Extended the First Amendment's provisions protecting freedom of speech and freedom of the press to apply to the governments of the U.S.
  • Near v. Minnesota

    Near v. Minnesota
    1A case involving freedom of the press (prior restraint). Prior restraint on publication was found to violate freedom of the press as protected under the First Amendment. This principle was applied to free speech generally in subsequent jurisprudence.
  • DeJonge v. Oregon

    DeJonge v. Oregon
    1A: Freedom of assembly. Police Arrested communist party member DeJonge and three other speakers at a meeting to protest police brutality. Ruled that state governments may not violate the constitutional right of peaceable assembly. The decision contributed to the development of “symbolic speech” and “speech plus” categories, concepts relating to speech combined with conduct or action.
  • Cantwell v. Connecticut

    Cantwell v. Connecticut
    1A: Free exercise of religion. Two of Jehova's Witnesses went from door to door in a mainly Roman Catholic area handing out pamphlets and records. They were accused of violating a state statute that required religious solicitors to register with the secretary of the public welfare council and inciting others to breach the peace. Ruled unconstitutional a Connecticut statute that required individuals making door-to-door religious solicitations to obtain a state license.
  • Everson v. Board of Education of the Township of Ewing

    Everson v. Board of Education of the Township of Ewing
    1A: Government establishment of religion. Members of the County found out that their tax money was being used to transport children to catholic schools and sued. The U.S. Supreme Court held that a New Jersey law that reimbursed parents for school transportation costs whether they attended public or parochial schools did not violate the Establishment Clause.
  • In re Oliver

    In re Oliver
    6A: Public Trial. Oliver was examined under oath as a witness and was not accused of any crime or represented by an attorney. At the conclusion of his testimony, the council agreed that Oliver had given "false and evasive answers" to their questions. Without permitting Oliver counsel, they convicted Oliver of contempt of court and sentenced him to 60 days in the county jail. The SCOTUS ruled that Oliver was not given the due process of the law and overturned the decision of the lower court.
  • Mapp v. Ohio

    Mapp v. Ohio
    4A: Exclusionary Rule. The U.S. Supreme Court ruled that under the 4th and 14th Constitutional amendments, illegally seized evidence could not be used in a state criminal trial. During their investigation of Dollree Mapp's home, police found obscene material and drugs and attempted to use the evidence against Mapp.
  • Robinson v. California

    Robinson v. California
    8A: Cruel and Unusual punishment. Robinson was pulled aside by a police officer who noticed traces of heroin use on his arms. The police arrested him and sentenced him to 90 days in jail. 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.
  • Gideon v. Wainwright

    Gideon v. Wainwright
    6A: Right to Counsel in felony cases. Gideon was accused of breaking and entering with the intent to commit a misdemeanor. Gideon could not afford an attorney and was denied one by the state court. Ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own.
  • Edwards v. South Carolina

    Edwards v. South Carolina
    1A: Freedom to petition. A group of black high school and college students marched on the South Carolina State House grounds in Columbia to protest segregation. The police arrested the students after giving them 15 minutes to disperse. The Supreme Court ruled that South Carolina had violated students' First Amendment rights of peaceable assembly, speech, and petition when the police dispersed a peaceful protest against segregation.
  • Ker v. California

    Ker v. California
    4A: Protection against unreasonable search and seizure (warrants). Ker and her husband were convicted of possession of marijuana after the police entered their home without a warrant and seized evidence. Incorporated the Fourth Amendment's protections against illegal search and seizure. The case was decided on June 10, 1963, by a vote of 5–4.
  • Malloy v. Hogan

    Malloy v. Hogan
    5A: Protection against self-incrimination. It overturned a prior case that held that the Fifth Amendment rights of individuals do not apply in cases for the states. This case ensured protection under the Fifth Amendment for individuals in the future and asserted that this was possible through the protections of the 14th Amendment.
  • Pointer v. Texas

    Pointer v. Texas
    6A: Right to confront witnesses. 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
    5A: Right to be informed of rights upon arrest. Miranda was arrested by police, who neglected to read Miranda his rights. After being interrogated by the police, Miranda admitted to committing the crime. The confession was then used to convict the man. the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination.
  • Klopfer v. North Carolina

    Klopfer v. North Carolina
    6A: Right to a speedy trial. Ruled that indefinitely suspending a trial violates a defendant's right to a speedy trial
  • Washington v. Texas

    Washington v. Texas
    6A: Right to a compensatory process to obtain a witness for defense (subpoenas). the Court decided that the Compulsory Process Clause of the Sixth Amendment to the Constitution (guaranteeing the right of a criminal defendant to force the attendance of witnesses for their side) is applicable in state courts as well as federal courts.
  • Duncan v. Louisiana

    Duncan v. Louisiana
    6A: Right to trial by jury in criminal cases. 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.
  • Benton v. Maryland

    Benton v. Maryland
    5A: protection against double jeopardy. 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. As a result, Benton's larceny conviction was overturned.
  • Schilb v. Kuebel

    Schilb v. Kuebel
    8A: Protection against excessive bail. Charged with two traffic offenses, Schilb 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.
  • Rabe v. Washington

    Rabe v. Washington
    6A: Right to be informed of the nature of accusations. the Supreme Court reversed the obscenity conviction of the manager of a drive-in movie theater in Richland, Washington.
  • Argersinger v. Hamlin

    Argersinger v. Hamlin
    6A: Right to counsel for imprisonable misdemeanors. a United States Supreme Court decision holding that the accused cannot be subjected to actual imprisonment unless provided with counsel.
  • McDonald v. Chicago

    McDonald v. Chicago
    2A: Right to keep and bear arms. 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.
  • Timbs v. Indiana

    Timbs v. Indiana
    8A: Protection against excessive fines. the Court agreed, holding that the Eighth Amendment's prohibition against “excessive fines” applies to the states under the Due Process Clause of the Fourteenth Amendment.