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Process of Incorporation

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

    Chicago, Burlington, and Quincy Railroad Company v. City of Chicago
    Incorporated the Fifth Amendment; the court ruled that Chicago did not violate the Due Process Clause of the Fourteenth Amendment and followed Illinois' specified procedures that followed the "just compensation" of the Fifth Amendment.
  • Gitlow v. New York

    Gitlow v. New York
    Incorporated the First Amendment; the court ruled that the political speech was unconstitutional since it directly advocates the government's violent overthrow which is prohibited or goes over the boundaries of the First Amendment.
  • Near v. Minnesota

    Near v. Minnesota
    Incorporated the First Amendment; the court ruled that Minnesota silencing/suppressing newspapers that are deemed "malicious, scandalous, and defamatory" was unconstitutional.
  • DeJonge v. Oregon

    DeJonge v. Oregon
    Incorporated the First Amendment; the court had to decide whether Oregon's criminal strikes violated the Fourteenth Amendment. The court ruled that it did violate the due process of the Fourteenth Amendment and went over the boundaries of freedom of speech.
  • Cantwell v. Connecticut

    Cantwell v. Connecticut
    Incorporated the First Amendment; the court ruled that Cantwells' convictions were protected by the 1st and 14th Amendments from the free exercise clause. Also, the "free communication of views" is well protected if it does not involve threatening "bodily harm."
  • Everson v. Board of Education of the Township of Ewing

    Everson v. Board of Education of the Township of Ewing
    Incorporated the First Amendment; the court had to rule whether New Jersey's rule/law violated the Establishment Clause of the First Amendment. The court ruled that New Jersey's law did not violate the Constitution and they only wanted to assist parents of all religions with getting their children to school.
  • In re Oliver

    In re Oliver
    Incorporated the Sixth Amendment; the court ruled that the right to a public trial applies to state court criminal proceedings.
  • Mapp v. Ohio

    Mapp v. Ohio
    Incorporated the Fourth Amendment; the court ruled that evidence found and obtained illegally is not to be allowed to be used by state and local police officers in court.
  • Robinson v. California

    Robinson v. California
    Incorporated the Eighth Amendment; the court ruled that states are prohibited from criminalizing the status of being a drug addict, even if the person is not currently using or under the influence of drugs.
  • Ker v. California

    Ker v. California
    Incorporated the Fourth Amendment; the court ruled that police are allowed to enter a home without a warrant under extreme circumstances.
  • Edwards v. South Carolina

    Edwards v. South Carolina
    Incorporated the First Amendment; the court ruled that the marchers' redress of their grievances was protected by the First Amendment's freedom of speech, assembly, and petition.
  • Gideon v. Wainwright

    Gideon v. Wainwright
    Incorporated the Sixth Amendment; the court ruled that indigent defendants are guaranteed legal representation/attorney in criminal cases.
  • Malloy v. Hogan

    Malloy v. Hogan
    Incorporated the Fifth Amendment; the court ruled that witnesses were guaranteed protection against self-incrimination. Evidence(s) not given with consent are prohibited.
  • Pointer v. Texas

    Pointer v. Texas
    Incorporated the Sixth Amendment; the court had to decide whether Texas violated Pointer's right by admitting evidence drawn from a preliminary hearing where counsel did not represent Pointer. The court ruled that Texas did violate Pointer's rights by restricting him to counsel.
  • Washington v. Texas

    Washington v. Texas
    Incorporated the Sixth Amendment; the court ruled that it was unconstitutional for Washington to deny the compulsory process which violated the due process clause.
  • Klopfer v. North Carolina

    Klopfer v. North Carolina
    Incorporated the Sixth Amendment; the court ruled that suspending a trial indefinitely violates a defendant’s right to a speedy trial.
  • Duncan v. Louisiana

    Duncan v. Louisiana
    Incorporated the Sixth Amendment; the court ruled that during serious court offenses, the states are unable to deny someone a jury trial.
  • Benton v. Maryland

    Benton v. Maryland
    Incorporated the Fifth Amendment; the court ruled that Benton's second conviction violated the Fifth Amendment's Double Jeopardy and his conviction was overturned.
  • Schilb v. Kuebel

    Schilb v. Kuebel
    Incorporated the Fifth Amendment; the court ruled that the Illinois bail system did not violate the Equal Protection Clause even though the court retained a portion of the bail deposit as a cost.
  • Argersinger v. Hamlin

    Argersinger v. Hamlin
    Incorporated the Sixth Amendment; the court had to decide whether defendants had a right to counsel if they were accused of committing misdemeanors. The court ruled that states are required to provide an attorney to poor defendants in cases involving both serious and minor crimes.
  • Rabe v. Washington

    Rabe v. Washington
    Incorporated the First Amendment; the court ruled that the place where obscene films were shown was not the element of the offense.
  • McDonald v. Chicago

    McDonald v. Chicago
    Incorporated the Second Amendment; the court ruled that the states also have the right to keep and bear arms for self-defense.
  • Timbs v. Indiana

    Timbs v. Indiana
    Incorporated the Fourth Amendment; the court ruled that the protection against excessive fines is implied to the states as well.