The 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 connect two sections of a street, including private property that was owned by various individuals and the Chicago, Burlington, and Quincy Railroad Corporation. Chicago petitioned to have the land condemned in order to use it. The land was condemned and the owners were compensated. However, the railroad was only paid one dollar. The railroad appealed due to a lack of just compensation. The courts agreed, citing the 5th Amendment's eminent domain clause.
  • Gitlow v. New York

    Gitlow v. New York

    Gitlow, a socialist, was arrested for promoting socialism through any form necessary. He argued his 1st Amendment Right to freedom of speech, but the Supreme Court found him unprotected by the clause on account of New York’s Criminal Anarchy Law.
  • Near v. Minnesota

    Near v. Minnesota

    A Minneapolis newspaper accused local officials of being involved with gangsters. Minnesota officials sought a permanent injunction against the paper on the basis that it violated the Public Nuisance Law as it was malicious, scandalous, and defamatory. The Supreme Court ruled that this law violated the 1st Amendment Right to free press.
  • DeJonge v. Oregon

    DeJonge v. Oregon

    De Jonge v. Oregon was a case in which the Supreme Court of the United States held that the Fourteenth Amendment's Due Process Clause applies freedom of assembly against the states. Dirk De Jonge was arrested on the charges of violating Oregon's criminal syndicalism statute after addressing the members at a Communist Party meeting. Jonge argued that the evidence was insufficient for the charges and appealed to the Supreme Court, who stated that the Oregon law did violate Due Process Clause.
  • Cantwell v. Connecticut

    Cantwell v. Connecticut

    A family who went to a predominantly-Catholic neighborhood in an attempt to convert people to Jehovah's Witness were charged with violation of a Connecticut statute requiring solicitors to obtain a certificate before soliciting funds from the public and inciting a common-law breach of the peace. They appealed on the grounds of it violating their 1st Amendment right to freedom of religion. The Supreme Court agreed and overturned the state's ruling.
  • Everson v. Board of Education of the Township of Ewing

    Everson v. Board of Education of the Township of Ewing

    A landmark decision of the Supreme Court that applied the Establishment Clause to state law. It was the first Supreme Court case incorporating the Establishment Clause upon the states through the Due Process Clause of the Fourteenth Amendment. The charges were brought up after a New Jersey law reimbursed local schools for transportation fees, including private Catholic schools. Arch R. Everson filed a lawsuit alleging that this violated the religion clauses.
  • In re Oliver

    In re Oliver

    A Michigan circuit judge conducted, in accordance with Michigan law, a secret "one-man grand jury" investigation of a crime supposedly committed by a petitioner. The petitioner was convicted and charged in secret, without counsel, without defense, without opportunity for cross-examination, and without witnesses. This violated the 6th Amendment right to a public trial.
  • Mapp v. Ohio

    Mapp v. Ohio

    Mapp argued her conviction on the basis of the freedom of expression clause after being charged with possession of obscene materials after the police illegally searched her home in search of a fugitive. The Supreme Court dismissed the 1st Amendment appeal and instead overturned the state's decision through the 4th Amendment Exclusionary Rule.
  • Robinson v. California

    Robinson v. California

    A jury found a defendant guilty under a California statute that criminalized being addicted to narcotics. He appealed to the Supreme Court on the basis of the statute being in violation of the 8th Amendment protection against cruel and unusual punishment. The Supreme Court agreed with the defendant and overturned California's ruling, stating that the incarceration of a person for being addicted to drugs was unconstitutional.
  • Ker v. California

    Ker v. California

    Ker v. California was a case before the United States Supreme Court, which incorporated the Fourth Amendment's protections against illegal search and seizure. The Ker's, a married couple, were charged with illegal possession and distribution of marijuana. The police searched their apartment and vehicles without a warrant. The Ker's were ultimately convicted with the evidence obtained by the police.
  • Edwards v. South Carolina

    Edwards v. South Carolina

    187 black students were arrested after refusing to disassemble on police orders while peacefully protesting. They were convicted of the breach of peace, which they fought due to a lack of any evidence and had been denied due process. The Supreme Court ruled in their favor, citing the 1st Amendment's protection of freedom of speech, assembly, and petition.
  • Gideon v. Wainwright

    Gideon v. Wainwright

    While on trial, Gideon requested an attorney to be appointed to him as he could not afford one. He was denied and sentenced to five years in prison. He appealed to the Supreme Court on the basis of his 6th Amendment right to legal counsel. The Supreme Court ruled in his favor and ruled that the right to counsel extends to state criminal trials.
  • Malloy v. Hogan

    Malloy v. Hogan

    After a man was charged with pool selling (after a gambling raid) he was put on two years' probation. During his probation, he was asked to testify about gambling and other criminal activities in his county. He refused out of fear of self-incrimination and was held in custody for his refusal. He filed a habeas corpus petition challenging his confinement, which the Supreme Court granted due to the 5th Amendment's protection against self-incrimination.
  • Pointer v. Texas

    Pointer v. Texas

    After two men were convicted of robbing a 7-11 employee, they were charged with robbery of $375 through assault, violence, and fear of life or bodily injury; all of which is in violation of Texas law. The two men were unrepresented in court, and one of the lawyers was prohibited from cross-examination. This was found to be in violation of the sixth and fourteenth amendments.
  • Miranda v. Arizona

    Miranda v. Arizona

    Miranda was arrested and interrogated at a police station on charges of kidnapping and rape. He eventually provided a written confession and was found guilty in trial. However, the police officers never informed him of his rights. Miranda appealed and the Supreme Court ruled that the 5A requires law enforcement to inform suspects of their right to remain silent and to obtain an attorney while in police custody and that his protection against self-incrimination had been violated.
  • Washington v. Texas

    Washington v. Texas

    When Jackie Washington was convicted for murder alongside another man, he alleged that the other man, who had already been convicted, had actually shot the victim, and would testify in his defense. However, a state statute prevented those charged with the same crime from testifying for one another. Washington argued for the right to a compulsory process to obtain witnesses for defense, which was his 6th Amendment right, which the Supreme Court agreed with.
  • Klopfer v. North Carolina

    Klopfer v. North Carolina

    Klopfer was charged twice for criminal trespassing after participating in a Civil Rights protest. The jury couldn't reach a verdict, so the state suspended the trial indefinitely. lopfer appealed to the Supreme Court claiming this violated his 6th Amendement right to a speedy trial, which the Court agreed with.
  • Duncan v. Louisiana

    Duncan v. Louisiana

    Gary Duncan, a black teenager, was charged with assault for allegedly slapping a white teenager on the elbow. He was sentenced without a jury trial, even though it was requested. The Supreme Court ruled that the 6th Amendment guarantees every citizen a trial by jury.
  • Benton v. Maryland

    Benton v. Maryland

    A man was charged with burglary and larceny in a Maryland court, but a jury found him not guilty of larceny and guilty of burglary. He appealed that the juries that convicted him were selected unconstitutionally. A new jury convicted him of both charges. He then stated that being charged on larceny qualified as double jeopardy. The Supreme Court overturned the ruling due to the 5th Amendent's protection against double jeopardy.
  • Rabe v. Washington

    Rabe v. Washington

    Rabe, the manager of Washington drive-in-theater, was arrested for showing films with explicit imagery. He was charged with violating the state's statute against showing obscene films. He appealed to the state Supreme Court, who upheld the ruling, stating that the film itself did not violate the statute, but the context of how it was shown did. Rabe appealed to the Supreme Court, who sided with him as the rulings violated his 6th Amendment right to be informed of the nature of accusations.
  • Schilb v. Kuebel

    Schilb v. Kuebel

    Kuebel is a case decided by the United States Supreme Court holding that the Illinois bail system did not violate the Equal Protection Clause of the U.S. Constitution and concerned the 8th Amendment protection against protection against excessive bail. The case concerned the constitutionality of an Illinois bail statute.
  • Argersinger v. Hamlin

    Argersinger v. Hamlin

    After being charged with carrying a concealed weapon, an offense in Florida, Jon Argersinger appealed to the Supreme Court due to his lack of representation by an attorney. It was decided that the case Gideon v. Wainwright made the right to counsel provided in the Sixth Amendment applicable to the states through the Fourteenth Amendment.
  • McDonald v. Chicago

    McDonald v. Chicago

    Multiple suits were filed against Chicago and Oak Park in Illinois to challenge their gun bans after the Supreme Court's decision in the District of Columbia v. Heller case. The suits stated that the 2nd Amendment was applicable to the states as well, and that the Chicago ban was unconstitutional.
  • Timbs v. Indiana

    Timbs v. Indiana

    Timbs v. Indiana was a Supreme Court case in which the Court dealt with the bearing of the excessive fines clause of the Eighth Amendment to state and local governments. Tyson Timbs was charged with one charge of felony dealing, one charge of conspiracy to commit theft, and fines of $1200 after being arrested for transporting heroin. However, the state also wanted to forfeit his Land Rover, which he had used for transportation. This was denied, as it was ruled to be excessive.