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Bill of Rights Cases
The Selective Incorporation of the Bill of Rights
| Gitlow v. New York | [1925] First Amendment, Freedom of speech |
| Near v. Minnesota | [1931] Freedom of the press |
| DeJonge v. Oregon | [1937] Freedom of assembly |
| Cantwell v. Connecticut | [1940] Freedom of religion |
| Case not incorporated - Supreme Court upheld reasonable regulations of right to bear arms. Should a tough gun control law be adopted, state/local government & a challenge to it be made a test of incorporation might be presented to the Court in the future | Second amendment, right to bear arms |
| Case not incorporated - The quartering problem has not recurred since colonial times | Third amendment, no quartering of soldiers |
| Wolf v. Colorado | [1949] Fourth amendment, prohibits unreasonable searches and seizures |
| Mapp v. Ohio | [1961] The exclusionary rule, excludes unconstitutionally obtained evidence from use in criminal prosecutions |
| Chicago, B. & Q. R. Co. v. Chicago (Chicago, Burlington & Quincy Railroad Co. v. City of Chicago) | [1897] Fifth amendment, just compensation (requires that states provide fair compensation for seizing private property) |
| Malloy v. Hogan | Self-incrimination |
| Benton v. Maryland | Protection against double jeopardy |
| Case not incorporated - The trend in state criminal cases is away from grand juries and toward reliance upon the sworn written accusation of the prosecuting attorney | Grand Jury Indictment |
| In re Oliver | [1948] Sixth amendment, right to a public trial |
| Gideon v. Wainwright | [1963] Right to counsel |
| Pointer v. Texas | [1965] Right to confront witnesses |
| Parker v. Gladden | [1966] Right to an impartial trial |
| Klopfer v. North Carolina | [1967] Right to a speedy trial |
| Washington v. Texas | [1967] right to a compulsory trial (Compulsory process clause allows defendants in criminal cases to secure witnesses in their favor) |
| Duncan v. Louisiana | [1968] Right to a jury trial |
| Case not incorporated - While Warren Burger was Chief Justice, he conducted a campaign to abolish jury trials in civil cases to save time and money among other reasons | Seventh Amendment, right to a jury trial in civil cases |
| Robinson v. California | [1962] Eighth amendment,freedom from cruel nad unusual punishment |
| Case not incorporated | Freedom from excessive fines or bails |
Created by:
snphung
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