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Incorporation of the Bill of Rights
| Federalism |
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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, refers to the process by which a U.S. Supreme Court opinion makes a provision of the Bill of Rights binding on state governments also. Such rights are considered fundamental, a denial of which constitutes denial of liberty without due process of law, which states are prohibited from doing under the 14th Amendment's due process clause.[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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