Process of Incorporation

  • Chicago, Burlington, and Quincy Railroad Company v. City of Chicago (1897)

    Chicago, Burlington, and Quincy Railroad Company v. City of Chicago (1897)
    eminent domain, the City of Chicago wanted to connect two disjoint sections of Rockwell Street between 18th and 19th Streets, over private property. This property was owned by various individuals but also included a right-of-way owned by the Chicago, Burlington, and Quincy Railroad Corporation.
  • Gitlow v. New York

    Gitlow v. New York
    freedom of speech, 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. Gitlow was convicted under New York’s Criminal Anarchy Law, which punished advocating the overthrow of the government by force.
  • Near v. Minnesota

    Near v. Minnesota
    freedom of the press, In a Minneapolis newspaper called The Saturday Press, Jay Near and Howard Guilford accused local officials of being implicated with gangsters. 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.
  • Powell v. Alabama

    Powell v. Alabama
    right to an attorney in state capital cases, nine black youths -- described as, "young, ignorant, and illiterate" -- were accused of raping two white women. Alabama officials sprinted through the legal proceedings: a total of three trials took one day and all nine were sentenced to death.
  • De Jonge v. Oregon

    De Jonge v. Oregon
    right to peaceful assembly, 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.
  • Cantwell v. Connecticut

    Cantwell v. Connecticut
    free exercise of religion, Newton Cantwell and his sons, Jehovah's Witnesses, were proselytizing a predominantly Catholic neighborhood in Connecticut. They were travelling door-to-door and approaching people on the street. Two pedestrians reacted angrily to an anti-Catholic message.
  • Everson v. Board of Education of the Township of Ewing

    Everson v. Board of Education of the Township of Ewing
    establishment of religion, A New Jersey law authorized reimbursement by local school boards of the costs of transportation to and from schools, including private schools. 96% of the private schools who benefitted from this law were parochial Catholic schools.
  • In re Oliver

    In re Oliver
    public trial, A witness appeared before a Michigan circuit court judge to provide testimony regarding an investigation on gambling and corruption. The judge was conducting a one-man grand jury and decided that the testimony provided was false, based on the testimony of another witness.
  • Mapp v. Ohio

    Mapp v. Ohio
    exclusionary rule (illegally obtained evidence cannot be used against someone in court, 4th Amendment), 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.
  • Robinson v. California

    Robinson v. California
    protection from cruel and unusual punishment, 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.
  • Gideon v. Wainwright

    Gideon v. Wainwright
    right to an attorney in felony cases, Clarence Earl Gideon was charged in Florida state court with felony breaking and entering. When he appeared in court without a lawyer, Gideon requested that the court appoint one for him. According to Florida state law, however, an attorney may only be appointed to an indigent defendant in capital cases, so the trial court did not appoint one.
  • Edwards v. South Carolina

    Edwards v. South Carolina
    right to petition, 187 black students were convicted in a magistrate's court of breach of the peace for peacefully assembling at the South Carolina State Government. Their purpose was to submit a protest of grievances to the citizens of South Carolina, and to the legislative bodies of South Carolina.
  • Ker v. California

    Ker v. California
    protection from unreasonable search and seizure, before the United States Supreme Court, which incorporated the Fourth Amendment's protections against illegal search and seizure. The case was decided on June 10, 1963, by a vote of 5–4.
  • Malloy v. Hogan

    Malloy v. Hogan
    protection against self-incrimination, William Malloy was arrested during a gambling raid in 1959 by Hartford, Connecticut police. After pleading guilty to pool selling, a misdemeanor, he was sentenced to one year in jail and fined $500, but the sentence was suspended after 90 days and Malloy was placed on two years probation.
  • Pointer v. Texas

    Pointer v. Texas
    right to confront witnesses, On the night of June 16, 1962, a man later identified by a witness as Bob Granville Pointer entered a 7-11 Food Store and robbed the manager, Kenneth W. Phillips, of more than $300. The man then fled the store, and Phillips observed him talking to another man at a nearby intersection.
  • Parker v. Gladden

    Parker v. Gladden
    right to impartial jury, On May 19, 1961, the Multnomah County Circuit Court convicted Lee E. A. Parker of second-degree murder and sentenced him to the Oregon State Penitentiary for a potential maximum of the remainder of his life. The Supreme Court of Oregon affirmed his conviction, and denied a rehearing on October 8, 1963.
  • Klopfer v. North Carolina

    Klopfer v. North Carolina
    right to a speedy trial,The State of North Carolina charged Peter Klopfer with criminal trespass when he participated in a civil rights demonstration at a restaurant. At trial, 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.
  • Washington v. Texas

    Washington v. Texas
    right to compulsory process to obtain witnesses for defense (subpoena process), Following a jury trial, Jackie Washington was convicted of murder and sentenced to 50 years in prison. At trial, Washington alleged that Charles Fuller, already convicted for the same murder, actually shot the victim while Washington attempted to stop the shooting.
  • Duncan v. Louisiana

    Duncan v. Louisiana
    right to criminal trial by jury for serious crimes, 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.
  • Benton v. Maryland

    Benton v. Maryland
    protection against double jeopardy, Benton was charged with burglary and larceny in a Maryland court. A jury found him not guilty of larceny but guilty of burglary. He was sentenced to ten years in prison. He won his appeal on the grounds that the grand jury that indicted him and the petit jury that convicted him were selected unconstitutionally. The case was remanded and Benton chose to confront a new grand jury.
  • Schilb v. Kuebel

    Schilb v. Kuebel
    protection from excessive bail,John Schilb was charged with leaving the scene of a car accident and obstructing traffic. He paid 10% of his bail, in accordance with state law, to the clerk of the courts. After his trial, the amount he had deposited was returned to him with $7.50 less than the amount paid. The court clerk had retained 1% of the amount deposited as a bail bond cost.
  • Rabe v. Washington

    Rabe v. Washington
    right to be informed of the nature of accusations, William Rabe was convicted under Washington’s anti-obscenity law after a police officer viewed the film Carmen Baby, which included sexually frank scenes, from outside the theater’s fence. Rabe contended that the material was not obscene but rather constituted First Amendment–protected expression.
  • Argersinger v. Hamlin

    Argersinger v. Hamlin
    right to an attorney for misdemeanors that could be punishable by jail time, Jon Argersinger was an indigent charged with carrying a concealed weapon, a misdemeanor in the State of Florida. The charge carried with it a maximum penalty of six 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.
  • McDonald v. Chicago

    McDonald v. Chicago
    right to keep and bear arms, Several suits were filed against Chicago and Oak Park in Illinois challenging their gun bans after the Supreme Court issued its opinion in District of Columbia v. Heller. In that case, the Supreme Court held that a District of Columbia handgun ban violated the Second Amendment.
  • Timbs v. Indiana

    Timbs v. Indiana
    protection from excessive fines,Tyson Timbs purchased a Land Rover for approximately $42,000 in January 2013 using the proceeds from his father’s life insurance policy. During the following four months, Timbs used the vehicle for multiple trips within Indiana to transport heroin.