The Process of Incorporation

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

Mar 1, 1897

The city of Chicago wanted to connect two disjoint sections of Rockwell street over private property. The land was condemned, but the railroad only got one dollar. The railroad appealed. The Supreme Court heard this case and overall decided no. They decided that the Due Process clause required the states to award just compensation when taking private property for public use. The 5th Amendment is being incorporated in this case. This Eminent Domain was used for provision in this case.

Gitlow v. New York

Jun 8, 1925

Gitlow was arrested for distributing a "left-wing manifesto" that called for the establishment of socialism through strikes and class action of any form. Gitlow was convicted under a law that punishes for advocating the overthrow of the government by force. The Supreme Court heard this case. The Court decided that The Free Speech Clause does not shield Gitlow from the New York statute. The First Amendment is incorporated in this case and freedom of speech was incorporated in this case.

Near v. Minnesota

Jun 1, 1931

In a Minneapolis newspaper, Near accused local officials of being implicated with gangsters. Minnesota officials sought a permanent injunction against the newspaper on the grounds that it violated the Public Nuisance Law because it was malicious, scandalous, and defamatory. The Supreme Court heard the case and decided that Under the Free Press Clause of the First Amendment the government may not censor or prohibit a publication in advance. The First Amendment is incorporated (freedom of press).

DeJonge v. Oregon

Jan 4, 1937

At a Communist Party meeting, DeJonge addressed the audience regarding jail conditions and a strike in progress in Portland. Police raided the meeting. De Jonge was arrested and charged with violating the State's criminal syndicalism statute. The Supreme Court heard the case and decided that the Oregon statute, as applied, violated the due process clause of the Fourteenth Amendment. The First Amendment is incorporated in this case. (Freedom of assembly)

Cantwell v. Connecticut

May 20, 1940

Cantwell and his sons, Jehovah's Witnesses, were trying to convert a predominantly Catholic neighborhood in Connecticut. Two pedestrians acted angrily to an anti-Catholic message. Cantwell and his sons were arrested. The Supreme Court heard this case and decided the local ordinance requiring a permit to solicit violated the Free Exercise Clause of the First Amendment. The First Amendment is incorporated in this case. (Free exercise of religion)

Everson v. Board of Education of the Township of Ewing

Feb 10, 1947

A law authorized reimbursement by local school boards of the costs of transportation to and from schools, including private schools. Everson filed a lawsuit saying that this indirect aid to religion violated both the New Jersey state constitution and the First Amendment. The Supreme Court decided the New Jersey law reimbursing parents for transportation costs to parochial schools did not violate the Establishment Clause. The First Amendment is incorporated. Government Establishment of religion

In re Oliver

1948

This was a decision by the Supreme Court involving the application of the right of Due Process in state court proceedings. The 6th Amendment was incorporated. (Public Trial)

Mapp v. Ohio

Jun 19, 1961

Mapp was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive. The Supreme Court heard this case and brushed aside First Amendment issues and declared that all evidence obtained by searches and seizures in violation of the Fourth Amendment is inadmissible in a state court. The 4th Amendment is incorporated. (Exclusionary Rule)

Robinson v. California

Jun 25, 1962

A jury found a defendant guilty under a California statute that criminalized being addicted to narcotics. The Supreme Court heard this case and decided that laws imprisoning persons afflicted with the "illness" of narcotic addiction inflicted cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. The Eighth Amendment is incorporated in this case. (Cruel and Unusual Punishment)

Edwards v. South Carolina

Feb 25, 1963

187 black students were convicted in court for peacefully assembling at the South Carolina State Government. The police arrested the students after they did not obey an order of disperse. The Supreme Court reversed the criminal convictions of the black students. The First Amendment is incorporated. (Freedom to petition)

Gideon v. Wainwright

Mar 18, 1963

Gideon was charged in court with a felony of breaking and entering. Gideon did not have a lawyer, so he requested the court appoint him one. They did not. Gideon represented himself and lost. He was sentenced 5 years in prison. The Supreme Court decided that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own. The 6th Amendment is incorporated. (Right to counsel in felony cases)

Ker v. California

Jun 10, 1963

This case involved the Fourth Amendment's protections against illegal search and seizure. Ker was suspected to have marijuana on him and the police entered his house without consent. (Protection against unreasonable search and seizure)

Malloy v. Hogan

Jun 15, 1964

Malloy was arrested in a gambling raid. The court ordered Malloy to testify about gambling and other criminal activities. He did not answer because he did not want to self-incriminate himself. He was arrested until he would answer questions. The Supreme Court decided that the Fifth Amendment's exception from compulsory self-incrimination is protected by the Fourteenth Amendment against abridgment by a state. The 5th Amendment was incorporated. (Protection against self-incrimination)

Pointer v. Texas

Apr 5, 1965

Pointer robbed a store. The police found him and arrested him. The question of this case was did Texas violate Pointer's Sixth and Fourteenth Amendment rights by admitting evidence drawn from a preliminary hearing where Pointer was not represented by counsel? The Supreme Court decided that the Sixth Amendment's right of confrontation required Texas to allow Pointer an opportunity to confront Dillard through counsel. The 6th Amendment was incorporated. (Right to confront witnesses)

Klopfer v. North Carolina

May 31, 1966

Klopfer was charged with criminal trespass when he participated in a civil rights demonstration at a restaurant. The jury could not reach a verdict. The Superior Court judge continued the case twice when the state moved for a nolle prosequi with leave. Klopfer objected, The Supreme Court decided that indefinitely suspending a trial violates a defendant’s right to a speedy trial. The 6th Amendment is incorporated. (Right to a speedy trial)

Miranda v. Arizona

Jun 13, 1966

Miranda was arrested in his house and brought to the police station where he was questioned by police officers in connection with kidnapping and rape. Miranda confessed but was not informed of his 5th Amendment rights. The Supreme Court decided the Fifth Amendment requires that law enforcement officials advise suspects of their right to remain silent and to obtain an attorney during interrogations while in police custody. (Right to be informed of rights upon arrest)

Washington v. Texas

Oct 10, 1967

Washington was convicted of murder and sentenced to 50 years of prison. Washington said that Fuller, who was already convicted of the murder, actually shot the man. Washington said that Fuller would testify, but the prosecution objected due to a state statute. The Supreme Court decided that the Sixth Amendment right to compulsory process is so fundamental that it is incorporated in the due process clause of the Fourteenth Amendment. The 6th Amendment is incorporated in this case. (subpoenas)

Duncan v. Louisiana

May 20, 1968

Duncan, a black teenager, was found guilty of assaulting a white youth by allegedly slapping his elbow. Duncan was sentenced to 60 days in prison and fined $150. Duncan's request for a jury trial was denied. The Supreme Court decided 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. The 6th Amendment was incorporated. (right to trial)

Benton v. Maryland

Jun 23, 1969

Benton was charged with burglary and larceny in court. A jury found him not guilty of larceny, but guilty of burglary. He was sentenced to 10 years in prison. He won his appeal on the grounds that the grand jury that indicted him and the petit jury that convicted him was selected unconstitutionally. The new court found him guilty of both charges. The Supreme Court decided the double jeopardy clause applies to state criminal proceedings. The 5th Amendment is incorporated. (double-jeopardy)

Schilb v. Kuebel

Dec 20, 1971

The court found that the administrative fee before it did not offend due process even though it was imposed on both those who were convicted and those who were acquitted. The 8th Amendment is incorporated. (protection against excessive bail)

Rabe v. Washington

Mar 20, 1972

The Supreme Court reversed the obscenity conviction of the manager of a drive-in movie theater in Richland, Washington. The drive-in manager argued that a movie with sexual scenes was protected by the First Amendment. The 6th Amendment was incorporated. (Right to be informed of the nature of accusations)

Argersinger v. Hamlin

Jun 12, 1972

Jon Argersinger was an indigent charged with carrying a concealed weapon, a misdemeanor in the State of Florida. The charge came with a maximum penalty of 6 months in jail and a $1,000 fine. During the bench trial in which he was convicted and sentenced to serve ninety days in jail, Argersinger was not represented by an attorney. The Supreme Court decided that the Sixth and Fourteenth Amendments required states to provide an attorney to indigent defendants in cases involving serious crimes.

McDonald v. Chicago

Jun 28, 2010

Several suits were filed against Chicago and Oak Park challenging their gun bans after the Supreme Court issued its opinion in another case. Does the Second Amendment apply to the states because it is incorporated by the Fourteenth Amendment's Privileges and Immunities or Due Process clauses and thereby made applicable to the states? The Court decided that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states.

Timbs v. Indiana

Feb 20, 2019

The Court found that the excessive fines clause finds its origins in the Magna Carta, the historic English Bill of Rights, and state constitutions from the colonial era to the present day. The 8th Amendment is incorporated. (protection against excessive fines)