Slide4

Process of Incorporation Timeline

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

    Chicago, Burlington, and Quincy Railroad Company v. City of Chicago
    This case incorporated the eminent domain provision of the 5A. Chicago wanted to connect two parts of a road; the property they needed was privately owned, partially by the Chicago, Burlington, and Quincy Railroad Corporation. The city compensated the others for the land but only gave the railroad $1. They challenged this under the Due Process clause of the 14A. The court ruled that the right of the corporation was not violated because they had been compensated, even if it was not a fair amount.
  • Gitlow v. New York

    Gitlow v. New York
    This case incorporated the free speech provision of the 1A. Gitlow was arrested under a New York law for advocating for the overthrow of the government; he argued that no one tried to overthrow the government as a result of his actions and he had a 1A right to free speech. The court ruled that he was attempting to inflict violence on the government, which he was not allowed to do; Americans have the right to free speech but it should not be used for making threats to the government.
  • Near v. Minnesota

    Near v. Minnesota
    This case incorporated freedom of the press from the First Amendment. Writers of a Minnesota newspaper accused officials of being involved with gangsters. Said officials stated that this went against the Public Nuisance Law because it was scandalous, malicious, and defamatory. The Court ruled that this law went against the First Amendment and the government could not censor or prohibit publications because that would be a violation of our right to freedom of the press.
  • Powell v. Alabama

    Powell v. Alabama
    This case incorporated the 6A right to an attorney in state capitol cases. Nine young black men were randomly accused of rape by two white women. They went to trial and had attorneys appointed but were not given time to consult with them beforehand and all 9 of them were sentenced to death. The Court ruled that this violated the Due Process clause of the 14A and the men were not given an appropriate amount of time with their attorneys.
  • De Jonge v. Oregon

    De Jonge v. Oregon
    This case incorporated the 1A right to peaceful assembly. Police raided a Communist Party meeting and arrested the leader for violating a law that prohibited advocating for violence and sabotage. He argued that the raid was unconstitutional because they were meeting peacefully and police had no evidence to suggest otherwise. The court ruled that the law De Jonge was convicted under violated the Due Process clause of the 14A.
  • Cantwell v. Connecticut

    Cantwell v. Connecticut
    This case incorporated the 1A right to freely exercise religion. A man and his sons, Jehovah's Witnesses, were traveling door-to-door to relay the message of their church. They were arrested and charged with soliciting and "breaching the peace". The Court ruled that their actions were permitted by the First and Fourteenth Amendments and could not be considered soliciting because they had the purpose of communicating religion.
  • Everson v. Board of Education of the Township of Ewing

    Everson v. Board of Education of the Township of Ewing
    This case incorporated the establishment of religion provision of the 1A. A law was passed in NJ to reimburse schools, including private/religious ones, for transportation costs. A local taxpayer filed a lawsuit, claiming that his money was being used to aid religion and the law was against the 1A. The Court ruled that the law was not unconstitutional because the money was not going directly to private schools; the law was meant to help parents of all religions get their children to school.
  • In re Oliver

    In re Oliver
    This case incorporated the right to a public trial of the 6A. A man was charged and sentenced to 60 days in jail by a judge who believed he was guilty. He was denied the opportunity to a public trial and to seek counsel. The Supreme Court ruled that this violated the 6A and the right to a public trial applies to states.
  • Mapp v. Ohio

    Mapp v. Ohio
    This case incorporated the exclusionary rule of the 4A. Police illegally searched a woman's house on the suspicion that she was hiding a fugitive there and they found obscene materials. She appealed this conviction and the Supreme Court ruled that the evidence the police obtained was a violation of the 4A and was inadmissible in a state court.
  • Robinson v. California

    This case incorporated the protection from cruel and unusual punishment of the 8A. In California, a man was arrested and convicted of being addicted to narcotics. The Supreme Court ruled that this was cruel and unusual punishment because the law was not directed to the sale, purchase, or possession of drugs, but to be addicted to them; they stated that addiction is a mental illness that is not punishable.
  • Gideon v. Wainwright

    Gideon v. Wainwright
    This case incorporated the 6A right to an attorney in felony cases. A previously convicted felon was accused and convicted of a crime that he didn't commit and was not appointed an attorney for his trial, because the state would only appoint attornies in capital cases. The Court ruled that the 6A right to an attorney extends to felony cases.
  • Edwards v. South Carolina

    Edwards v. South Carolina
    This case incorporated the 1A right to petition. 187 black students were arrested and convicted of breach of the peace for protesting at the South Carolina State Government. They appealed and stated there was no proof to suggest they were not being peaceful. The Court ruled that they have the right to assembly that is protected by the 1A and reversed all of the convictions.
  • Ker v. California

    Ker v. California
    This case incorporated the right to be free from unreasonable search and seizure of the 4A. Police searched the Ker's apartment without a warrant and found marijuana, which was used to convict them. The court decided that the police had probable cause, therefore the search was not illegal and the convictions stayed.
  • Malloy v. Hogan

    Malloy v. Hogan
    This case incorporated protection against self-incrimination of the 5A. A man was arrested at a gambling raid and pled guilty to pool selling. He was given 2 years probation but over a year later, a Superior Court ordered him to testify about gambling. He refused and said that it would incriminate him and he was imprisoned until he was willing to testify. The Supreme Court ruled that confession statements must be voluntarily made and citizens do not have to incriminate themselves.
  • Pointer v. Texas

    Pointer v. Texas
    This case incorporated the right to confront witnesses of the 6A. A witness claimed to watch Bob Pointer rob a 7/11 of $375. At trial, Pointer was not permitted to confront his witness. The court ruled that this violated the 6A and that defendants must be allowed to confront witnesses through counsel.
  • Parker v. Gladden

    Parker v. Gladden
    This case incorporated the right to an impartial jury from the 6A. A man was convicted of 2nd-degree murder and sentenced to life in prison. During his trial, a couple of jurors overheard a negative statement about the man from the bailiff. The Supreme Court ruled that his due process was violated and the bailiff's statements went against the 6A.
  • Klopfer v. North Carolina

    Klopfer v. North Carolina
    This case incorporated the 6A right to a speedy trial. A man participated in a protest at a restaurant and was arrested for trespassing. The state suspended his case on two separate occasions. The court ruled that his 6A right to a speedy trial was violated.
  • Washington v. Texas

    Washington v. Texas
    This case incorporated the subpoena process of the 6A. A man was convicted of murder and sentenced to 50 years in prison. He argued that he was a witness to the crime, and it was another man who shot the victim and this man would testify on his behalf, to which the court denied. The Supreme Court ruled that he was denied the right to due process.
  • Duncan v. Louisiana

    Duncan v. Louisiana
    This case incorporated the right to criminal trial by jury for serious crimes from the 6A. A black teenager was convicted of assault for allegedly slapping a white boy on the arm. He was denied the right to a trial by jury and sentenced to 60 days in jail. The Supreme Court ruled that the right to trial by jury was a fundamental right in criminal cases and the teenager had been denied that right.
  • Benton v. Maryland

    Benton v. Maryland
    This case incorporated the protection against double jeopardy of the 5A. A man was charged with larceny and burglary but only found guilty of burglary and sentenced to 10 years in prison. He appealed his case, but the court found him guilty of both. The Supreme Court ruled this was double jeopardy and went against the Constitution.
  • Schlib v. Kuebel

    Schlib v. Kuebel
    This case incorporated the protection from excessive bail from the 8A. A man was arrested and paid 10% of his bail. After his trial, he was given $7.50 less than the amount of money he paid, which the count clerk had kept. The Supreme Court ruled that this was not unconstitutional and did not violate the equal protection clause.
  • Rabe v. Washington

    Rabe v. Washington
    This case incorporated the right to be informed of the nature of accusations of the 6th Amendment. A man was convicted under a Washington anti-obscenity law for showing a film that depicted sexual actions at his drive-in theater. The Supreme Court reversed this decision, claiming the law didn't give fair notice to film exhibitors.
  • Argersinger v. Hamlin

    Argersinger v. Hamlin
    This case incorporated the right to an attorney for misdemeanors that could be punishable by jail time of the 6A. A man was convicted of a misdemeanor, carrying a concealed weapon, but was not represented by an attorney. The Supreme Court extended the decision from Gideon v. Wainwright (1963) to any person facing a possible jail sentence.
  • McDonald v. Chicago

    McDonald v. Chicago
    This case incorporated the right to keep and bear arms of the 2A. Many suits were filed in Illinois that challenged gun bans. The Supreme Court ruled that the 14A makes the 2A apply to states and that banning handguns violates the Constitution.
  • Timbs v. Indiana

    Timbs v. Indiana
    This case incorporated the protection from excessive fines of the 8A. A man was caught transporting heroin and sentenced to 6 years in prison and fined $1,200. The state took away the man's vehicle, which was worth 4 times the amount of the maximum he could be fined. The Supreme Court ruled that the punishment was not proportional to the crime and the 8A applies to states.