Process of Incorporation

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

1897

It incorporated the eminent domain clause of the 5th amendment.
The city of Chicago wanted to connect two streets and they paid for the land in the middle via petition. The court ruled in a 7-1 decision that they were in the right.

Gitlow v. New York

1925

The freedom of speech clause of the first amendment is being incorporated.
Gitlow, a socialist, was arrested in 1919 for distributing a “Left Wing Manifesto" that called for the establishment of socialism through strikes and class action of any form. Does the First Amendment prevent a state from punishing political speech that directly advocates the government's violent overthrow? The court decided in a 7-2 decision that it did not violate the amendment.

Near v. Minnesota

1931

This incorporated the freedom of the press clause in the first amendment.
Minnesota officials sought a permanent injunction against The Saturday Press on the grounds that it violated the Public Nuisance Law because it was malicious, scandalous, and defamatory. Does the Minnesota "gag law" violate the free press provision of the First Amendment? In a 5-4 decision, they found that the law did violate the amendment.

Powell v. Alabama

1932

This incorporated the right to an attorney clause of 6A.
9 black youths were accused of raping a white woman, but the court proceedings were rushed and all were sentenced to death. Did the trials violate the Due Process Clause of the Fourteenth Amendment? in a 7-2 decision, it did violate the amedment

De Jonge v. Oregon

1937

This incorporated the right to peaceful assembly of 1A.
On July 27, 1934, at a meeting held by the Communist Party, Dirk De Jonge addressed the audience regarding jail conditions in the county and a maritime strike in progress in Portland. While the meeting was in progress, police raided it. De Jonge was arrested and charged with violating the State's criminal syndicalism statute. It was found to violate the due process clause

Cantwell v. Connecticut

1940

This incorporated the freedom of religion in 1A.
Cantwell was proselytizing a predominantly Catholic neighborhood in Connecticut and was arrested for breaking the peace and not receiving a certificate to solicit funds. They unanimously agreed Cantwell was in the right.

Everson v. Board of Education of the Township of Ewing

1947

This incorporated the establishment of religion clause of 1A.
A New Jersey law that reimbursed costs of transportation to schools, especially private schools. This was argued to be donating money to a particular religion as 96% of private schools were catholic. In a 5-4 decision, it was decided that this was not helping any particular religion, and it was constitutional.

In re Oliver

1948

This incorporated the right to a public trial of 6A.
Oliver gave "false and evasive" answers while under oath to a one-man secret grand jury. The court found that the way Michigan did the trial was unconstitutional.

Mapp v. Ohio

1961

This incorporated the exclusionary rule of 4A
Dollree Mapp was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive. She appealed her conviction on the basis of freedom of expression. The court, in a 6-3 decision, decided that things obtained in illegal searches cannot be used as evidence.

Robinson v. California

1962

This incorporated the protection from cruel and unusual punishment clause of 8A.
A jury found defendant guilty under a California statute that criminalized being addicted to narcotics. His conviction was affirmed on appeal. Defendant sought further review from the United States Supreme Court. It was found unconstitutional to arrest someone for being addicted to drugs in a 6-2 decision.

Gideon v. Wainwright

1963

This incorporated the right to an attorney of 6A.
Gideon was charged with breaking and entering and requested the court appoint him a lawyer, but Florida law stated that they could only do that in capital cases. They ruled that Gideon should have gotten a lawyer, in a unanimous decision.

Edwards v. South Carolina

1963

This incorporated the right to petition of 1A
187 black students were convicted in a magistrate's court of breach of the peace for peacefully assembling at the South Carolina State Government. In an 8-1 decision, the court ruled that this was a breach of their freedom to petition.

Ker v. California

1963

This incorporated the protection from unreasonable search and seizure clause of 4a.
A married couple were convicted of possession of marijuana, and police entered their home without a warrant to find it after they suspected it. The supreme court deemed that the police had probable cause and they could enter.

Malloy v. Hogan

1964

This incorporated protection against self incrimination of 5A.
An illegal gambler was ordered to testify about gambling in his county, he refused as to not incriminate himself further and was imprisoned. The court ruled 5-4 that the 5th amendment allowed him to do this.

Pointer v. Texas

1965

This incorporated the right to confront witnesses of 6A.
Someone robbed a 7-11 and had to defend himself in court. 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? In a unanimous decision, yes, his rights were violated.

Parker v. Gladden

1966

this incorporated the right to impartial jury of 6A
Was Parker’s right to due process violated when a bailiff told two jurors, “Oh, that wicked fellow, he is guilty”, and “If you find him guilty and there is anything wrong, the Supreme Court will correct it”? The court decided 8-1 that his right was violated

Klopfer v. North Carolina

1967

This incorporated the right to a speedy trial of 6A
The State of North Carolina charged Peter Klopfer with criminal trespass when he participated in a civil rights demonstration at a restaurant, but the trial was put off for a long time. The supreme court deemed that the sixth amendment was violated in a unanimous decision.

Washington v. Texas

1967

This incorporated the Compulsory Process Clause of 6A.
Two people killed someone and was sent to prison for 50 years. They tried to use each other as witnesses, but were stopped. The court ruled that they should have been allowed to call each other as witnesses.

Schilb v. Kuebel

1967

This incorporated protection against excessive bail.
A man was arrested for fleeing the scene of a car crash and obstructing the roads. He was charged a fee of his bail. The court deemed that this was not unconstitutional

Duncan v. Louisiana

1968

This incorporated the right to a jury in criminal trials of 6A
Gary Duncan, a black teenager in Louisiana, was found guilty of assaulting a white youth by allegedly slapping him on the elbow. Duncan was sentenced to 60 days in prison and fined $150. Duncan's request for a jury trial was denied. Was the State of Louisiana obligated to provide a trial by jury in criminal cases such as Duncan's? The court ruled 7-2 that, yes, they were obligated to provide a jury.

Benton v. Maryland

1969

This incorporated the double jeopardy clause of 5A
A man was convicted of larceny and burglary, but was tried twice, which he argued violated double jeopardy. The court agreed 6-2.

Schilb v. Kuebel

1971

This incorporated the protection from excessive bail of 8A.
A man fled the scene of a car accident and obstructed traffic. Some of his bail was taken as a fee. The court ruled this as acceptable.

Rabe v. Washington

1972

This incorporated the right to be informed of charges of 6A
A manager of a drive-in movie theater was arrested for showing an "obscene" movie. The supreme court reversed this as the citizens of Washington had no notice under the Sixth Amendment that the place where a film was shown was an element of the offense.

Argersinger v. Hamlin

1972

This incorporated the right to attorney in jail time giving cases of 6A
A man was sentenced to jail time but was never given an attorney. In a unanimous decision by the court, this was found unconstitutional.

McDonald v. Chicago

2010

This incorporated the right to bear arms of 2A
Several suits were filed after Chicago's gun ban. In a 5-4 decision, this was deemed unconstitutional.

Timbs v. Indiana

2019

This incorporated the excessive fines clause of 8A
TImbs had a land rover that he used to transport heroin. But the lower courts jacked up the felony charge to include the rover. In a unanimous decision, this was found unconstitutional