Incorporation of the Bill of Rights
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| •Key terms • Court cases •Major arguments • State responses to federal mandates • Federalism by the numbers • Index of articles about federalism |
Incorporation, in the context of federalism, is the process by which a U.S. Supreme Courthas made provisions of the Bill of Rights apply to state governments also through the 14th Amendment's due process clause. The Court has held that rights considered fundamental to liberty cannot be denied by states without violating due process.[1]
Incorporated amendments
First Amendment
The First Amendment is fully incorporated as a result of the following court decisions:[1]
- Guarantee against the establishment of religion: Everson v. Board of Education (1947)
- Free Exercise of Religion: Hamilton v. Regents of the University of California (1934), Cantwell v. Connecticut (1940)
- Freedom of Speech: Gitlow v. New York (1925)
- Freedom of the Press: Near v. Minnesota (1931)
- Right of Assembly and Petition: DeJonge v. Oregon (1937)
- Freedom of expressive association: Roberts v. United States Jaycees (1984)
Second Amendment
The Second Amendment is fully incorporated as a result of the following court decision:[1]
- Right to keep and bear arms: McDonald v. Chicago (2010)
Fourth Amendment
The Fourth Amendment is fully incorporated as a result of the following court decisions:[1]
- Freedom from unreasonable search and seizure: Mapp v. Ohio (1961)
- Requirements in a warrant: Aguilar v. Texas (1964)
Fifth Amendment
The Fifth Amendment is partially incorporated as a result of the following court decisions:[1]
- Double Jeopardy: Benton v. Maryland (1969)
- Right against Self-Incrimination: Malloy v. Hogan (1964)
- Protection against taking property without due compensation: Chicago, Burlington, & Quincy Railroad v. City of Chicago (1897)
Sixth Amendment
The Sixth Amendment is partially incorporated as a result of the following court decisions:[1]
- Right to a Speedy Trial: Klopfer v. North Carolina (1967)
- Right to a Public Trial: In re Oliver (1948)
- Right to an Impartial Jury: Parker v. Gladden (1966)
- Right to notice of accusations: In re Oliver (1948)
- Right to Confront Hostile Witnesses: Pointer v. Texas (1965)
- Right to compulsory process to obtain witness testimony: Washington v. Texas (1967)
- Right to Confront Favorable Witnesses: Washington v. Texas (1967)
- Right to Counsel: Gideon v. Wainwright (1963)
Eight Amendment
The Eight Amendment is fully incorporated as a result of the following court decisions:[1]
- Protection against excessive bail: Schilb v. Kuebel (1971)
- Protection against excessive fine: Timbs v. Indiana (2019)
- Protection against cruel and unusual punishments: Robinson v. California (1962)
See also
External links
Footnotes
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