The Process of Incorporation

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

    Chicago, Burlington, and Quincy Railroad Company v. City of Chicago
    Supreme Court ruled that incorporated the Takings Clause of the Fifth Amendment into the Due Process Clause of the Fourteenth Amendment by requiring states to provide just compensation for seizing private property.
  • Cantwell v. Connecticut

    Cantwell v. Connecticut
    Supreme Court holding that the First Amendment's federal protection of religious free exercise incorporates via the Due Process Clause of the Fourteenth Amendment and so applies to state governments too.
  • Gitlow v. New York

    Gitlow v. New York
    Supreme Court holding that the Fourteenth Amendment to the United States Constitution had extended the First 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
    Supreme Court 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
    Supreme Court decided that the Fourteenth Amendment's due process clause applies to freedom of assembly.
  • Everson v. Board of Education of the Township of Ewing

    Everson v. Board of Education of the Township of Ewing
    Supreme Court applied the Establishment Clause in the country's Bill of Rights to state law. Involved the First Amendment.
  • In re Oliver

    In re Oliver
    Supreme Court involving the application of the right of due process in state court proceedings. Involved the Sixth Amendment
  • Edwards v. South Carolina

    Edwards v. South Carolina
    Supreme Court ruled that the First and Fourteenth Amendments to the U.S. Constitution forbade state government officials to force a crowd to disperse when they are otherwise legally marching in front of a statehouse.
  • Mapp v. Ohio

    Mapp v. Ohio
    Supreme Court ruled that the exclusionary rule, which prevents prosecutors from using evidence in court that was obtained by violating the Fourth Amendment to the U.S. Constitution, applies not only to the U.S. federal government but also to the U.S. states.
  • Pointer v. Texas

    Pointer v. Texas
    Supreme Court discussed the application of the right to confront accusers in state court proceedings. It involved the Sixth Amendment.
  • Robinson v. California

    Robinson v. California
    Supreme Court case in which the Eighth Amendment of the Constitution 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.
  • Gideon v. Wainwright

    Gideon v. Wainwright
    Court unanimously held that in criminal cases states are required under the Sixth Amendment of the U.S. Constitution to provide an attorney to defendants who are unable to afford their own attorneys.
  • Ker v. California

    Ker v. California
    Supreme Court incorporated the Fourth Amendment's protections against illegal search and seizure.
  • Malloy v. Hogan

    Malloy v. Hogan
    Supreme Court deemed defendants' Fifth Amendment privilege not to be compelled to be witnesses against themselves was applicable within state courts as well as federal courts, overruling the decision in Twining v. New Jersey.
  • Miranda v. Arizona

    Miranda v. Arizona
    Supreme Court ruled that the Fifth 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, and of the right against self-incrimination before police questioning, and that the defendant not only understood these rights, but voluntarily waived them.
  • Klopfer v. North Carolina

    Klopfer v. North Carolina
    Supreme Court case involving the application of the Speedy Trial Clause of the United States Constitution in state court proceedings. Involved the Sixth Amendment.
  • Washington v. Texas

    Washington v. Texas
    Supreme Court decided that the Compulsory Process Clause of the Sixth Amendment to the Constitution is applicable in state courts as well as federal courts.
  • Duncan v. Louisiana

    Duncan v. Louisiana
    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
    Supreme Court ruled that the Double Jeopardy Clause of the Fifth Amendment applies to the states.
  • Schilb v. Kuebel

    Schilb v. Kuebel
    Supreme Court decided there was a charge on the Fourteenth Amendment due process and equal protection grounds.
  • Rabe v. Washington

    Rabe v. Washington
    Supreme Court involving the application of obscenity laws and criminal procedure to the states. Involved the First Amendment.
  • Argersinger v Hamilton

    Argersinger v Hamilton
    Supreme Court decided that the accused cannot be subjected to actual imprisonment without counsel. The Sixth and Fourteenth Amendments were involved.
  • McDonald v. Chicago

    McDonald v. Chicago
    Supreme Court found that the right of an individual to "keep and bear arms," as protected under the Second Amendment, is incorporated by either the Due Process Clause or Privileges or Immunities Clause of the Fourteenth Amendment and is thereby enforceable against the states.
  • Timbs v. Indiana

    Timbs v. Indiana
    Supreme Court dealt with the applicability of the excessive fines clause of the Constitution's Eighth Amendment to state and local governments in the context of asset forfeiture.