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Barron v. Baltimore
By denying compensation for the loss of waters in the wharf, has the City of Baltimore infringed upon Mr. Barron’s Fifth Amendment rights that guarantees due compensation for public seizure of private property(Takings Clause)? --They did not. Pro-State
The Fifth Amendment protections are solely to limit the powers of the United States federal government and not applicable to the states. -
Hurtado v. California
Does the Fourteenth Amendment assurance of the protection of “liberty” in the DPC extend Hurtado’s Fifth Amendment right to a grand jury in state felony cases? Pro-state
As long as the state laws are meant to further the public good and uphold liberty and justice, those laws can be considered a part of due process. -
Twinning v. New Jersey
Created the Fundamental Fairness Test (prevailing standard) -
Gitlow v. New York
Does the NY anarchy law criminalizing Gitlow’s distribution of political pamphlets violate the First Amendment freedoms of speech and press as extended to the states through the Fourteenth Amendment DPC? Pro-State
Standard: Direct Incitement
“If the speech is likely to cause direct incitement of violence, then the speech is not protected.” -
Palko v. Connecticut
Did Connecticut violate Palka’s right against double jeopardy in the Fifth Amendment extended to the states by way of the Fourteenth Amendment DPC? Pro-State
Standard: Fundamental Fairness Test Because the state of Connecticut only retried Palka in an attempt to provide him a trial free of substantial legal errors, the legality of the second trial is not cruel and is a reciprocal privilege that would have been available to Palka as well. -
Cantwell v. Connecticut
Does the First Amendment freedom of religion extend to the states via the Fourteenth DPC?
Did Connecticut’s requirement of a certificate of approval for charitable solicitations of funding violate the Cantwells’ First Amendment free exercise clause as extended to states through the Fourteenth DPC? Pro-Individual
[Valid Secular Policy Test] -
Duncan v. Louisiana
Did the state of Louisiana violate Duncan’s Sixth Amendment right to a jury of peers as incorporated through the Fourth Amendment DPC? Pro-Individual
