Process of Incorporation Timeline

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

    Chicago, Burlington, and Quincy Railroad Company v. City of Chicago
    was a ruling that determined the Due Process Clause of the Fourteenth Amendment required states to provide just compensation for seizing private property.incorporated the Fifth Amendment's "takings clause" (requiring just compensation for property taken for public use) into the Fourteenth Amendment's Due Process Clause, making it binding on state governments.
  • Gitlow v. New York

    Gitlow v. New York
    the Supreme Court ruled that the First Amendment's protection of free speech and press applied to state governments through the Fourteenth Amendment's Due Process Clause, a process known as "incorporation". incorporated the First Amendment's protections of freedom of speech and freedom of the press to state governments through the Fourteenth Amendment's Due Process Clause.
  • DeJonge v. Oregon

    DeJonge v. Oregon
    the Supreme Court ruled that the right to peaceable assembly, protected by the First Amendment, cannot be violated by state laws, even if the assembly is called by a group like the Communist Party.The Supreme Court incorporated the First Amendment's right to freedom of assembly, meaning that this right now applies to state governments as well as the federal government.
  • Cantwell v. Connecticut

    Cantwell v. Connecticut
    A case Cantwell v. Connecticut, the Supreme Court ruled that the First Amendment's protections of religious freedom, specifically the free exercise clause, apply to state governments through the Fourteenth Amendment's Due Process Clause, a principle known as "incorporation".incorporated the First Amendment's free exercise of religion clause to the states through the Fourteenth Amendment's Due Process Clause, meaning states cannot infringe on religious freedom.
  • Everson v. Board of Education of the Township of Ewing

    Everson v. Board of Education of the Township of Ewing
    Was a landmark decision of the United States Supreme Court that applied the Establishment Clause of the First Amendment to state law.incorporated the Establishment Clause of the First Amendment through the Due Process Clause of the Fourteenth Amendment, making it binding on state and local governments
  • In re Oliver

    In re Oliver
    the court established that the Sixth Amendment right to a public trial applies to state criminal proceedings, reversing a Michigan Supreme Court decision that upheld a conviction determined by a one-man grand jury without due process. the Supreme Court incorporated the Sixth Amendment right to a public trial to the states through the Fourteenth Amendment.
  • Mapp v. Ohio

    Mapp v. Ohio
    the Supreme Court ruled that evidence obtained through an illegal search and seizure by state and local police officers is inadmissible in state courts, extending the exclusionary rule to the states. "incorporated" the exclusionary rule, a principle derived from the Fourth Amendment, into the Fourteenth Amendment's Due Process Clause, meaning it now applies to state governments as well as the federal government.
  • Robinson v. California

    Robinson v. California
    the Supreme Court ruled that criminalizing drug addiction, a status, rather than drug use or possession, constitutes cruel and unusual punishment, violating the Eighth Amendment.incorporated the Eighth Amendment's protection against cruel and unusual punishment to apply to state governments, meaning states cannot impose cruel and unusual punishments.
  • Ker v. California

    Ker v. California
    refers to a 1967 United States Supreme Court case, 389 U.S. 1, which established that police may enter a home without a warrant under exigent circumstances, such as when investigating a suspected felony, and that arrests made in such situations are lawful.The Ker case established that the standards for determining whether a warrantless search or seizure was "unreasonable" under the Fourth Amendment are the same for both federal and state governments.
  • Edwards v. South Carolina

    Edwards v. South Carolina
    case Edwards v. South Carolina, the Supreme Court ruled that South Carolina violated the First and Fourteenth Amendments by arresting peaceful protesters for expressing unpopular views, affirming their rights to free speech, assembly, and petition. the Supreme Court incorporated the First Amendment's right to freedom of petition and assembly, making it applicable to the states through the Fourteenth Amendment's Due Process Clause.
  • Gideon v. Wainwright

    Gideon v. Wainwright
    the Supreme Court ruled that the Sixth Amendment's right to counsel, which guarantees legal representation in criminal trials, applies to state courts and that states must provide attorneys to indigent defendants charged with serious crimes. "incorporated" the Sixth Amendment's right to counsel to the states, meaning that all state courts must provide lawyers for defendants who cannot afford to hire their own.
  • Malloy v. Hogan

    Malloy v. Hogan
    the Supreme Court ruled that the Fifth Amendment's protection against self-incrimination, which originally applied only to federal proceedings, also applies to state courts through the Fourteenth Amendment. the Supreme Court incorporated the Fifth Amendment's protection against self-incrimination to the states, meaning states are now bound by this constitutional right.
  • Pointer v. Texas

    Pointer v. Texas
    the Supreme Court ruled that the Sixth Amendment's right to confront witnesses, including the right to cross-examine, is a fundamental right essential to a fair trial and is made obligatory on the States by the Fourteenth Amendment. the Supreme Court incorporated the Sixth Amendment's right to confront witnesses against the states, ensuring that state courts cannot deny a person the opportunity to cross-examine a witness.
  • Washington v. Texas

    Washington v. Texas
    A case in which 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.the Supreme Court incorporated the Sixth Amendment right to compulsory process to obtain witness testimony, meaning this right now applies to the states through the Fourteenth Amendment's Due Process Clause.
  • Klopfer v. North Carolina

    Klopfer v. North Carolina
    that the Sixth Amendment's right to a speedy trial applies to state criminal proceedings, overturning a North Carolina Supreme Court decision that allowed indefinite suspension of prosecution.the Supreme Court incorporated the Sixth Amendment's right to a speedy trial against the states through the Fourteenth Amendment's Due Process Clause.
  • Duncan v. Louisiana

    Duncan v. Louisiana
    the Supreme Court ruled that the Sixth Amendment's right to a jury trial applies to state court proceedings through the Fourteenth Amendment, ensuring this fundamental right is upheld in both federal and state jurisdictions. incorporated the Sixth Amendment's right to a jury trial into the Fourteenth Amendment's Due Process Clause, meaning this right now applies to the states as well as the federal government.
  • Benton v. Maryland

    Benton v. Maryland
    the Supreme Court ruled that the Fifth Amendment's Double Jeopardy Clause, which protects against being tried twice for the same offense, applies to the states through the Fourteenth Amendment, thus incorporating it into state law. incorporated the Double Jeopardy Clause of the Fifth Amendment against the states through the Due Process Clause of the Fourteenth Amendment, meaning states are now bound by the prohibition against double jeopardy.
  • Schilb v. Kuebel

    Schilb v. Kuebel
    holding that the Illinois bail system did not violate the Equal Protection Clause of the U.S. Constitution. The case concerned the constitutionality of an Illinois bail statute. The Supreme Court affirmed the decision of the Illinois Supreme Court incorporation of the Eighth Amendment's prohibition against excessive bail to the states through the Fourteenth Amendment's Due Process Clause.
  • Argersinger v. Hamlin

    Argersinger v. Hamlin
    the Supreme Court ruled that a person cannot be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, unless they were represented by counsel at their trial, unless they knowingly and intelligently waived that right the Supreme Court incorporated the Sixth Amendment's right to counsel to state criminal prosecutions, extending it to all cases where a jail sentence is imposed.
  • McDonald v. Chicago

    McDonald v. Chicago
    the Supreme Court ruled that the Second Amendment's right to bear arms, as recognized in District of Columbia v. Heller, is applicable to state and local governments through the Fourteenth Amendment's Due Process Clause. the Supreme Court incorporated the Second Amendment's right to bear arms to the states through the Fourteenth Amendment's Due Process Clause, meaning states cannot deny this right to their citizens.
  • Timbs v. Indiana

    Timbs v. Indiana
    the Supreme Court ruled that the Eighth Amendment's protection against excessive fines is an incorporated protection applicable to the states, meaning states cannot impose fines that are grossly disproportionate to the offense.the Supreme Court incorporated the Eighth Amendment's Excessive Fines Clause against the states, meaning that the prohibition of excessive fines now applies to state and local governments through the Fourteenth Amendment's Due Process Clause.