Process of Incorporation

Chicago, Burlington, Quincy Railroad Company V. City of Chicago

Mar 1, 1897

• Incorporated eminent Domain
  • The Court held that the Due Process clause required the states to award just compensation when taking private property for public use

Gitlow V. New York

Jun 8, 1925

• Incorporated freedom of speech
  • The Court upheld the conviction of Benjamin Gitlow for printing a manifesto that advocated the violent overthrow of the U.S. government

Near V. Minnesota

Jun 1, 1931

• Incorporated freedom of the press
  • The Supreme court fashioned the First Amendment doctrine opposing prior restraint and reaffirmed the emerging view that the Fourteenth Amendment incorporated the first amendment to the states

DeJonge V. Oregon

Jan 4, 1937

• Incorporated the right to peaceful assembly
  • The Fourteenth Amendment's Due Process Clause protects freedom of assembly from state statutes

Cantwell V Connecticut

May 20, 1940

• Incorporated the free exercise of religion
  • The Court unanimously held that the free exercise clause of the First Amendment applied to the states through the Fourteenth Amendment's Due Process Clause, rendering the states subject to the same restrictions regarding religion that are placed on Congress

Everson V. Board of Education of the township of Ewing

Feb 10, 1947

• Incorporated the establishment of religion
  • A divided Court held that the law did not violate the constitution. Justice Black reasoned that the law did not pay money to parochial schools, nor did it support them directly in any way

In re Oliver

Mar 8, 1948

• Incorporated a public trial
  • The case concerned a conviction determined by a one-man grand jury, which did not permit for the defendant an opportunity to seek counsel or prepare a defense, the Supreme Court reversed and remanded the decision of the Michigan Supreme Court

Mapp V. Ohio

Jun 19, 1961

• Incorporated the exclusionary rule (illegally obtained evidence cannot be used against someone in court, 4th Amendment)
  • The high Court said that evidence seized unlawfully, without a search warrant, could not be used in criminal prosecutions in state courts

Pointer V. Texas

Jun 16, 1962

• Incorporated the right to confront witnesses
  • The Sixth Amendments right of confrontation required Texas to allow Pointer an opportunity to confront Dillard through counsel

Robinson V. California

Jun 25, 1962

• Incorporated protection from cruel and unusual punishment
  • The Supreme Court reversed the decision of the Superior Court of Los Angeles County, California and held that punishing an individual for drug addiction was unconstitutional

Gideon V. Wainwright

Jan 15, 1963

• Incorporated the right to an attorney in felony cases
  • The Supreme Court ruled unanimously in favor of Gideon, guaranteeing the right to legal counsel for criminal defendants in federal and state courts

Edwards V. South Carolina

Feb 25, 1963

• Incorporated the right to petition
  • Close to 200 peaceful protesters filed suit after they were arrested following a demonstration to end segregation at the South Carolina State House, the Supreme Court found that the protesters' First Amendment Rights to Freedom of Speech, association, and petition were violated

Ker V. California

Jun 10, 1963

• Incorporated the protection from unreasonable search and seizure
  • The Court held that the surreptitious entry into the apartment was justified because the deputies were investigating narcotics, which was an exigent circumstance, and held that the arrest of the Kers were lawful

Malloy V. Hogan

Jun 15, 1964

• Incorporated protection against self-incrimination
  • The Court held that the Fifth Amendment's exception from compulsory self-incrimination is protected by the Fourteenth Amendment against abridgement by a state

Klopfer V. North Carolina

Mar 13, 1967

• Incorporated the right to a speedy trial
  • The Supreme Court held that indefinitely suspending a trial violates a defendant's right to a speedy trial, the Court also held that the Due Process clause of the fourteenth amendment applies the Sixth amendment to the states

Washington V. Texas

Jun 12, 1967

• Incorporated the right to compulsory process to obtain witnesses for defense (subpoena process)
  • Holding a Texas statute prohibiting persons charged together in the same crime from testifying for each other violated the Sixth Amendment right to compulsory process

Duncan V. Louisiana

Dec 21, 1968

• Incorporated the right to criminal trial by jury for serious crimes
  • A significant Supreme Court decision which incorporated the Sixth Amendment right to a jury trial and applied it to the states

Benton V. Maryland

Jun 23, 1969

• Incorporated protection against double jeopardy
  • The Court with a 7-2 decision overruled Palko, holding that the Double Jeopardy Clause of the Fifth Amendments applied to the states is an element of liberty protected by the Due Process Clause of the Fourteenth Amendment

Schilb v. Keubel

Dec 20, 1971

• Incorporated protection from excess bail
  • The United States Supreme Court held that the Illinois bail system did not violate the Equal Protection clause of the U.S. Constitution

Rabe V. Washington

Mar 20, 1972

• Incorporated the right to be informed of the nature of accusations
  • A state may not criminally punish the exhibition of a motion picture film at a drive-in theater where the statute assertedly violated has not given fair notice that the location of the exhibition was a vital element of the offense

Argersinger V. Hamlin

Jun 12, 1972

• It incorporates the right to an attorney for misdemeanors that could be punishable by jail time
  • Extended the Sixth Amendment right to counsel to anyone facing jail time, including those facing non-felony charges

McDonald V. Chicago

Jun 28, 2010

• Incorporated the right to keep and bear arms
  • McDonald extended the individual right to bear arms to state and local levels, effectively limiting the power of states and municipalities to restrict gun ownership

Timbs V. Indiana

Feb 20, 2019

• Incorporated protection from excessive fines
  • The Indiana Supreme Court reversed, concluding that the U.S. Supreme Court had never clearly incorporated the Eighth Amendment against the states under the Fourteenth Amendment