process of incorporation

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

    Chicago, Burlington, and Quincy Railroad Company v. City of Chicago
    chicago wanted to use private property to connect 2 disjoint sections. the private property was owned by multiple people but chicago, burlington and quincy railroad corporation also owned a right of way. the individuals were awarded compensation, while the railroad was awarded just one dollar, and they appealed this judgement. the court ruled that the due process clause required the states to award fair compensation when taking private property for public use.
  • Gitlow v. New York

    Gitlow v. New York
    gitlow was arrested for disturbing "left wing manifesto" that called for establishment of socialism through strikes of any kind. he was convicted under new yorks criminal anarchy law that punished the advacting to overthrow government by force. the court ruled that newyork could prohibit advocating violence towards overthrow of the government under that law.
  • Near v. Minnesota

    Near v. Minnesota
    near published a scandilous paper saying local officials were involved with gang members. the officials prevented him from publishing the paper by obtaining an injunction under a state law that allowed them too. the court ruled the injunction was unconstitutional, 1st amendment, freedom of press to states
  • DeJonge v. Oregon

    DeJonge v. Oregon
    DeJonge was a part of a communist party, and was protesting illegal raids, and shooting of striking by portland police, which was raided by police, and they were taken into custody. they were charged under a law, which outlawed participation in a meeting held under the authority of a Communist Party. he made motion for acquittal, and was denied up to state supreme court. so he went to the SCOTUS. the U.S supreme court decided that the 14th amendment's due process applies to freedom of assembly.
  • Cantwell v. Connecticut

    Cantwell v. Connecticut
    cantwell and his sons who were jahova witnesses were proselytizing a predominantly catholic neighborhood in connecticut. they travelled door to door also stopping in the street. some werent happy with this and got angry. him and his sons were arrested and charged with violation of connecticut state laws. the court ruled that cantwells actions were protected by the 1st and 14th amendments.
  • Everson v. Board of Education of the Township of Ewing

    Everson v. Board of Education of the Township of Ewing
    a new jersey law authorized reimbursement by local school boards of the cost of transportation to and from schools, including private schools. everson, filed a lawsuit alleging that this support to religion violated both the state constitution and the first amendment. everson appealed to the U.S. supreme court. the court ruled that the law did not violate the Constitution, that the law did not pay money to the catholic schools, support them, it was to help parents ofall religions getkidstoschool
  • Mapp v. Ohio

    Mapp v. Ohio
    police searched mapps house without a proper warrant. they believed she was harboring a suspected bomber and arrested her. the court ruled that evidence obtained in violation of the 4th amendment is inadmissibe in state courts.
  • Robinson v. California

    Robinson v. California
    defendant was found guilty under a california statute that criminalized being addicted to narcotics. his conviction was affirmed on appeal. robinson wanted further review from the U.S. supreme court. the court ruled that laws imprisoning people afflicted with the "illness" of narcotic addiction inflicted cruel and unusual punishment in violation of the 8th and 14th amendments.
  • Edwards v. South Carolina

    Edwards v. South Carolina
    187 black students were convicted of breach of peace for peacefully assembling at south carolina government. the police arreted the students after they did not obey the order to exit. the students sought further review. the court ruled the due process clause of the 14th amendment allows the free petition clause to extend to the states as well as the federal government.
  • Gideon v. Wainwright

    Gideon v. Wainwright
    gideon was charged with breaking and entering, and went to court without a lawyer. he asked to be appointed one and was denied because according to florida, only one was appointed in capital cases. he had to represent himself and was found guilty, and sentenced to 5 years in prision. he filed habeus corpus. the cort ruled that it was consistent with the constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own.
  • Ker v. California

    Ker v. California
    illegal drug trafficking was being investigated by deputies from murphy and terregan. the deputies found survaillence that showed ker and murphy making contact at the seluded location. they found out ker was a drug dealer and decided to search his apartment. ker claimed the arrest violated the fourth amendment. the court ruled that the entry into the apartment was justified because the people were investagating narcotics, which was an exigent circumstance, an ruled the arrest of ker was lawful.
  • Malloy v. Hogan

    Malloy v. Hogan
    malloy was arrested in a gambling raid. he was sentenced to 1 year in jail and fine $500 after pleading guily to pool selling but was suspended after 90 days. 16 months after plea the court wanted him to testify on the gambling and he refused. he was imprisoned for contempt and held until he was willing to answer questions and he filed habeus corpus. the court ruled that the 5th amendments exception from compulsory self-incrimination is protected by the 14th amendment against abridgement.
  • Pointer v. Texas

    Pointer v. Texas
    pointer was charged with robbing someone of $375. him and his accomplise were taken before a judge at a preliminary hearing but neither were represented by counsel. his accomplise moved and the transcript of his testimony was used as evidence against pointer, and was convicted of armed robbery. his appeal was denied, he went to the U.S supreme court. the court ruled that the sixth amendments right of confrontation required texas to allow pointer an opportunity to confront witness through counsel
  • Miranda v. Arizona

    Miranda v. Arizona
    miranda was charged with kidnap, rape, and murder. he allegedly confessed to the murder on tape but was unaware of his rights. when he went to trial, there was no attorney present, and the recording was used against him. he was sentenced 20-30 years in prison. the court ruled since miranda wasnt informed of his rights at the time of the recording, they cannot use that evidence against them. now police have to inform people of their miranda rights when arrested.
  • Klopfer v. North Carolina

    Klopfer v. North Carolina
    charged with tresspassing when he participated in a civil rights movement at a resturaunt. could not reach verdict at trial. the judge continued case twice which klopfer did not agree with. the court ruled that indefinitely suspending a trial violates a defendant’s right to a speedy trial.
  • Washington v. Texas

    Washington v. Texas
    washington was convicted of murder and sentenced 50 years. when it was taken to trial washington said it was charles fuller, already charged with same charge, that shot the victum and she tried to stop the shooting. dhe said he would testify to these allegations. washington argues that not letting fuller testify was a violation of the 6th amendment. ruled that washingtons right to due process was violated, but the compulsory process clause played no role in his decision.
  • Duncan v. Louisiana

    Duncan v. Louisiana
    black teenager found guilty of assaulting a white kid by slapping them on the elbow. sentenced 60 days in prison $150, and his request for a trial by jury was denied. the court ruled that the 6th amendment guarantees trial by jury in criminal cases. states are obligated under the 14th amendment to give jury trials.
  • Benton v. Maryland

    Benton v. Maryland
    benton was charged with burglary and larceny. however, he was not found to be guilty of larceny. he was sentenced to 10 years. he won the apeal because the grand jury was chosen unconstitutionally. when he faced the new jury he was convicted of both charges, and he argued that it was double jeapardy to re-indict him on the larceny charge. the court ruled that the double jeopardy clause of the 5th amendment is an element of liberty protected by due process of the 14th amendment.
  • Schilb v. Kuebel

    Schilb v. Kuebel
    he was charged with two traffic offenses, secured pretrial release after depositing 10% of the bail fixed. he was convicted of one offense and acquitted of the other. after he paid his fine, all but 1% of the bail was refunded. the court ruled that the 1% was an administrative fee (and not a cost of prosecution) imposed on all who seek its benefit; incorporated no excessive bail part of 8th amendment
  • Rabe v. Washington

    Rabe v. Washington
    the petitioner was convicted of violating a washington obscenity statute. he showed carmen baby a motion picture and adaptation of the opera, carmen, which included sexual scenes at his outdoor drive-in theatre. the film could be seen by passing people and by kids watching from outside the fence surrounding the theatre. the supreme court reversed the conviction of the manager of a drive-in movie theater in Washington.
  • Argersinger v. Hamlin

    Argersinger v. Hamlin
    Argersinger was arrested for carrying a concealed weapon, and was sentenced 90 days in jail. He filed Habeus Corpus because he was not appointed an attorney, because he could not afford one, which he believed violated the sixth amendment's right to a fair trial. Florida supreme court denied, and he went to the U.S supreme court. they decided all criminal defendants who cannot afford an attorney to represent them must be appointed one based off the court case Gideon v. Wainwright (1963).
  • In re Oliver

    In re Oliver
    oliver was growing marijuana in a feild that the police searched it with out warrant. olivers expectation that no one would search it triggered the 4th amendment. the court of appeals for the 6th circuit reversed under the open field doctrine. this case was affirmed. people cannot expect privacy for activities conducted out in the open, except in the area immediately surrounding their house. the act of the police entering is not automatically a search for 4th amendment purposes.
  • McDonald v. Chicago

    McDonald v. Chicago
    the court ruled that the 14th amendment makes the 2nd amendment right to keep and bear arms for the purpose of self-defense applicable to the states, after several suits were filed against chicago and their gun bans.
  • Timbs v. Indiana

    Timbs v. Indiana
    timbs pleaded guilty in state court to dealing in a controlled substance and conspiracy to commit theft. when timbs was arrested the police took his rover that hed purchase with the money he recieved from the insurance policy after his father died. the court ruled that the 8th amendments excessive fines clause was an incorporated protection applicable to the states under the 14th amendments due process clause.