Process of Incorporation

  • Chicago, Burlington

    Chicago, Burlington
    The part that is being incorporated is eminent domain.The land was condemned. The people were awarded compensation, while the railroad was awarded just one dollar. The railroad appealed the judgment.
  • Gitlow v. New York

    Gitlow v. New York
    It incorporated freedom of speech. It enabled prohibitions on speech that showed potential violence. It was dismissed by the Supreme Court in the 1930s.
  • Near v. Minnesota

    Near v. Minnesota
    It incorporated the freedom of press.The Court held that the statutory scheme constituted a restraint and hence was invalid under the First Amendment.
  • Powell v. Alabama

    Powell v. Alabama
    It incorporated the right to an attorney in state capital cases. The Supreme Court came to a decision of the Alabama Supreme Court and said that states must provide counsel to all defendants charged with a capital felony.
  • De Jonge v. Oregon

    De Jonge v. Oregon
    It incorporated the right to peaceful assembly. The Supreme Court ruled that state governments may not violate the constitutional right of peaceable assembly.
  • Cantwell v. Connecticut

    Cantwell v. Connecticut
    It incorporated free exercise of religion. The Court held the Cantwells' actions were protected by the First and Fourteenth Amendments.
  • Everson v. Board of Education

    Everson v. Board of Education
    It incorporated establishment of religion. A divided Court held that the law did not violate the Constitution.
  • In re Oliver

    In re Oliver
    In corporation of public trial. 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
    It incorporation exclusionary rule (illegally obtained evidence cannot be used against someone in court, 4th Amendment). The U.S. Supreme Court ruled in a 5-3 vote in favor of Mapp. The high court said evidence seized unlawfully, without a search warrant, could not be used in criminal prosecutions in state courts.
  • Robinson v. California

    Robinson v. California
    It incorporation protection from cruel and unusual punishment. The Court held that laws imprisoning persons afflicted with the "illness" of narcotic addiction inflicted cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments.
  • Edwards v. South Carolina

    Edwards v. South Carolina
    It's incorporation of right to petition. The Court reversed the criminal convictions of the black students.
  • Gideon v. Wainwright

    Gideon v. Wainwright
    It's incorporation of 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.
  • Ker v. California

    Ker v. California
    Incorporation of protection from unreasonable search and seizure. The Supreme Court granted certiorari to give lower courts guidance on decide when evidence is the fruit of an unlawful search or seizure.
  • Malloy v. Hogan

    Malloy v. Hogan
    Incorporation 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.
  • Pointer v. Texas

    Pointer v. Texas
    Incorporation to the right to confront witnesses.The Supreme Court reversed the decision of the Texas Court of Criminal Appeals and held that criminal proceedings that deny a defendant the opportunity to confront a witness violated the Sixth Amendment of the U.S. Constitution.
  • Parker v. Gladden

    Parker v. Gladden
    Incorporation of right to impartial jury. The Court held that the bailiff's speech was private talk tending to reach the jury by outside influence.
  • Klopfer v. North Carolina

    Klopfer v. North Carolina
    Incorporation of right to a speedy trial. The Supreme Court held that indefinitely suspending a trial violates a defendant's right to a speedy trial.
  • Washington v. Texas

    Washington v. Texas
    Incorporation to right to compulsory process to obtain witnesses for defense (subpoena process). 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

    Duncan v. Louisiana
    Incorporation of the right to criminal trial by jury for serious crimes. Duncan was tried and convicted of a simple battery charge and ordered to serve 60 days in jail and pay a fine of $150.00.
  • Benton v. Maryland

    Benton v. Maryland
    Incorporation of protection against double jeopardy. Fifth Amendment as applied to the states is an element of liberty protected by Due Process of the Fourteenth Amendment. As a result, Benton's larceny conviction was overturned.
  • Schilb v. Kuebel

    Schilb v. Kuebel
    Incorporation of protection from excessive bail. The Supreme Court confirmed the decision of the Illinois Supreme Court and said the bail system did not violate the Equal Protection Clause.
  • Rabe v. Washington

    Rabe v. Washington
    Incorporation of 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 assertively violated has not given fair notice.
  • Argersinger v. Hamlin

    Argersinger v. Hamlin
    Incorporation of right to an attorney for misdemeanors that could be punishable by jail time. The U.S. Supreme Court overturned the ruling in a 9-0 decision.
  • McDonald v. Chicago

    McDonald v. Chicago
    Incorporation of the right to bear arms. The Supreme Court ruled in favor of McDonald.
  • Timbs v. Indiana

    Timbs v. Indiana
    Incorporation of protection from excessive fines. The Court held that the Eighth Amendment's ban on imposing excessive fines applies to cities and states, and not just the federal government.