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Chicago, Burlington, and Quincy Railroad Company v. City of Chicago
The part of the Bill Of Rights that is in question here is the Due Process Clause of the 14th Amendment and the eminent domain part is being incorporated here. The City of Chicago wanted to connect two disjoint sections of Rockwell Street between 18th and 19th Streets, over private property. In a 7-1 decision, the Court held that the Due Process clause required the states to award just compensation when taking private property for public use. -
Gitlow V. New York
Does the First Amendment prevent a state from punishing political speech that directly advocates the government's violent overthrow? Gitlow, a socialist, was arrested in 1919 for distributing a form of left wing literature that called for the establishment of socialism through strikes and class action. The Court concluded that New York could prohibit advocating violent efforts to overthrow the government under The Criminal Anarchy Law. -
Near V. Minnesota
Does the Minnesota "gag law" violate the free press provision of the First Amendment? The first amendment right of freedom of press is being incorporated here. 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. The Court determined it was an unconstitutional thing to do to the people. -
Powell V. Alabama
Did the trials violate the Due Process Clause of the Fourteenth Amendment? This case shows the incorporation of the right to an attorney section of the Bill of Rights. Nine black youths were accused of raping two white women. This case was decided together with Patterson v. Alabama and Weems v. Alabama. The Court held that the trials denied due process because the defendants were not given reasonable time and opportunity to secure counsel in their defense. -
De Jonge V. Oregon
Does Oregon's criminal syndicalism statute violate the due process clause of the Fourteenth Amendment? This case shows the incorporation of the right to assemble in the first amendment. 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. Yes the Court held that Oregon violated the due process clause of the Fourteenth Amendment. -
Cantwell V. Connecticut
Did the Cantwells’ convictions violate the First Amendment? This case shows the incorporation of the Freedom of Religion of the First Amendments.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. In a unanimous decision, the Court held the Cantwells’ actions were protected by the First and Fourteenth Amendments -
Everson v. Board of Education
Did the New Jersey statute violate the Establishment Clause of the First Amendment? This case shows the establishment of religion in the Bill of Rights. A New Jersey law authorized reimbursement by local school boards of the costs of transportation to and from schools, including private schools. A divided Court held that the law did not violate the Constitution. -
In Re Oliver
Summarily charged him with contempt, convicted him, and sentenced him to sixty days in jail. These proceedings were secret, and petitioner had no opportunity to secure counsel, to prepare his defense. Shows the incorporation of the 6th amendment into this case and the right to a public case. -
Mapp V. Ohio
Possessing obscene materials after an admittedly illegal police search of her home for a fugitive. She appealed her conviction on the basis of the right to an unreasonable search and seizure. The 4th amendment is the incorporated section of this case, by the exclusionary rule. Were the confiscated materials protected from seizure by the Fourth Amendment? All evidence obtained by searches and seizures in violation of the Fourth Amendment is inadmissible in a state court -
Robinson V. California
A California statute that criminalized being addicted to narcotics. Defendant sought further review from the United States Supreme Court. Was defendant’s conviction for addiction to narcotics under the California law cruel and unusual punishment prohibited by the Eighth Amendment? The eighth amendment is the part that is being incorporated in this case, by the no cruel and unusual punishment law. The Court held that laws imprisoning persons afflicted with the "illness" -
Gideon V. Wainwright
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. This shows the incorporation of the 6th amendment rights, by the way of you have a right to an attorney in felony cases. Consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own -
Edwards V. South Carolina
Their purpose was to submit a protest of grievances to the citizens of South Carolina, and to the legislative bodies of South Carolina. This shows the incorporation of the 1st amendment rights people have to freedom of petition. The Due Process Clause of the Fourteenth Amendment allows the Free Petition Clause to extend to the states as well as the federal government. -
Ker V. California
This is the case that shows the incorporation of the 4th amendment, search and seizure. 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 -
Malloy V. Hogan
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. This amendment shows the incorporation of the protection against self-incrimination of the fifth amendment. -
Pointer V. Texas
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. This case shows the incorporation of the sixth amendment when he did not get the right to confront witnesses. -
Parker V. Gladden
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. This case shows the incorporation of the right to impartial jury of the sixth amendment. -
Klopfer V. North Carolina
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 case shows the incorporation of the sixth amendment where a fair and speedy trial is required. -
Washington V. Texas
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. This shows the incorporation of the Subpoena Process of the sixth amendment. -
Duncan V. Louisiana
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. This case shows the incorporation of the right to a trial by jury in severe cases. -
Benton V. Maryland
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. This case shows the incorporation of the fifth amendment right of no double Jeopardy. -
Schilb V. Kuebel
A case decided on December 20, 1971, by the United States Supreme Court holding that the Illinois bail system did not violate the Equal Protection Clause of the U.S. Constitution. The case concerned the constitutionality of an Illinois bail statute. This shows the incorporation of the protection against excessive bail Clause of the eighth amendment. -
Rabe V. Washington
Drive-in manager argued movie with sexual scenes was protected by the First Amendment. 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. This case shows the incorporation of the right to be informed of the nature of accusations. -
Argersinger V. Hamlin
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. This case shows the incorporation of the right to an attorney for misdemeanors that could be punishable by jail time of the sixth amendment. -
McDonald V. Chicago
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. This case shows the incorporation of the second amendment right to keep and bear arms. -
Timbs V. Indiana
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. This case shows the incorporation of the protection from extensive fines, as seen in the eighth amendment.