The Process of Incorporation

Washington v. Texas

1967 BCE

This case argues about the subpoena process in the Sixth Amendment Jackie Washington was convicted of murder and sentenced to 50 years in prison. Washington alleged that Charles Fuller, already convicted for the same murder actually shot the victim while Washington attempted to stop the shooting. Washington claimed that Fuller would testify to these facts, the prosecution objected based on a state statute that prevented persons charged in the same crime from testifying on behalf of one another.

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

1897

This case includes the fourtheenth amendments requires states to provide compensation for seizing a property Individuals owned property but also included a right-of-way owned by the Chicago, Burlington, and Quincy Railroad Corporation. The city petitioned in Cook County Circuit Court to have the necessary land condemned. The land was condemned. The individuals were awarded compensation, while the railroad was awarded just one dollar.

Gitlow v. New York

1925

This case is about the first ammendments right to free 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. At his trial, Gitlow argued that since there was no resulting action flowing from the manifesto's publication.

Near v. Minnesota

1930

This case argues the freedom of the press held by the First Amendment. Minnesota, a Minnesota public official sued Near, who published “The Saturday Press,” under a Minnesota State statute that allowed for temporary and permanent injunctions against those who created a “public nuisance,” by publishing, selling, or distributing a “malicious, scandalous and defamatory newspaper.”

DeJonge v. Oregon

1937

This case incorpated the freedom of speech provided by the first amendment. Dirk De Jonge addressed an audience regarding jail conditions in the county and a maritime strike in progress in Portland at a meeting called by the Portland branch of the Communist Party on July 27, 1934.

Cantwell v. Connecticut

1940

This case includes the first amendments freedom 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

Nov 20, 1946

This case was primarily over the establishment of religion, which was established by the first amendment - freedom 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. Arch R. Everson, a taxpayer in Ewing Township, filed a lawsuit.

In re Oliver

1948

This case was about the sixth amendments requirement of a public trial The Sixth Amendment in the Bill of Rights states that criminal prosecutions require the defendant "... to be informed of the nature and cause of the accusation...and to have the Assistance of Counsel for his defence." In this case, a witness in a Michigan grand jury hearing was convicted and sentenced to jail without either notice or attorney assistance.

Mapp v. Ohio

1961

This case includes the exclusionary rule from the fourth 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

1962

This case has to do with the eight amendment's protection against 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.

Ker v. California

1963

This case incorporated the fourth amendments protection of search and seizure. In affirming the convictions, the California District Court of Appeal found that there was probable cause for the arrests; that the entry into the apartment was for the purpose of arrest and was not unlawful; and that the search, being incident to the arrests, was likewise lawful and its fruits admissible in evidence against petitioners

Edwards v. South Carolina

1963

This case includes the first amendments 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. During the course of the peaceful demonstration the police arrested the students after they did not obey an order to disperse.

Gideon v. Wainwright

1963

This case argues the Sixth Amendment's guarantee of counsel is a fundamental right essential to a fair trial. 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.

Pointer v. Texas

1965

This case was about the right of confrontation provided by the sixth amendment 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.

Malloy v. Hogan

1966

This case includes the fifth amendments protection of self crimination. 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.

Klopfer v. North Carolina

1966

This case argues the Sixth Amendments 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. This would allow the state to suspend their prosecution indefinitely and return the case to the docket in the future.

Benton v. Maryland

1968

This case includes the protection of double jeopardy;
in the fifth amendment. 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 because 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. It indicted him for larceny and burglary

Duncan v. Louisiana

1968

This case argues the Sixth Amendment's right to a jury. 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.

Schilb v. Kuebel

1971

This case argues the Fourteenth Amendments protection clause. John Schilb was arrested and charged with leaving the scene of a car accident and obstructing traffic in January 1969. In accordance with the Illinois bail statutes, he paid 10% of his bail ($75) to the clerk of the court. Schilb's case proceeded to trial where he was acquitted of the charge of leaving the scene of a car accident but was found guilty of obstructing traffic.

Argersinger v. Hamlin

Dec 6, 1971

This case incorporated the right to an attorney that is provided by the sixth amendment. In this case 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.

Rabe v. Washington

1972

This case argues the Sixth Amendment's 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.

McDonald v. Chicago

2010

This case is about the second amendments right to bare 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. There, the Court reasoned that the law in question was enacted under the authority of the federal government and, so the Second Amendment was applicable.

Timbs v. Indiana

2018

This case is about the eighth amendments protection against 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. After a series of controlled purchases involving a confidential informant, Timbs was arrested at a traffic stop.