Incorporation

Slaughter House Cases (1873)

The Court ruled that the privileges and immunities clause protected only certain narrow federal rights (such as the right to travel, to petition Congress, and to vote in national elections), not the protections found in the Bill of Rights. Read More.

Quincy Railways v. Chicago (1897)

The Court ruled that the state of Illinois acted unconstitutionally when it took property without paying just compensation. The Court ruled that Illinois had violated Quincy’s Fourteenth Amendment right to due process. The Court never actually said Illinois had to abide by the Fifth Amendment’s just compensation clause, but by using the Fourteenth Amendment to apply part of the Bill of Rights to a state action, the Court opened the door for similar protection of other provisions. Read More.

The following portions of the Bill of Rights have been incorporated against actions by state governments:

Freedom of Speech, Gitlow v. New York (1925). Read More.

Freedom of the Press, Near v. Minnesota (1931). Read More.

Right to Counsel in Capital Cases, Powell v. Alabama (1932)

Freedom of Assembly, DeJonge v. Oregon (1937)

Free Exercise of Religion, Cantwell v. Connecticut (1940). Read More.

No Established National Religion, Everson v. Board of Education (1947). Read More.

Right to Public Trial, In re: Oliver (1948)

Ban on Unreasonable Search and Seizure, Wolf v. Colorado (1949)

No Evidence from Illegal Searches, Mapp v. Ohio (1961). Read More.

No Cruel and Unusual Punishment, Robinson v. California (1962)

Right to Counsel in all Felony Cases, Gideon v. Wainwright (1963). Read More.

No Self-Incrimination, Malloy v. Hogan (1964)

Right to Confront Adverse Witnesses, Pointer v. Texas (1965)

Right to Impartial Jury, Parker v. Gladden (1966)

Right to Obtain Defense Witnesses, Washington v. Texas (1967)

Right to Speedy Trial, Klopfer v. North Carolina (1967)

No Double Jeopardy, Benton v. Maryland (1968)

Right to Jury Trial in Non-petty Cases, Duncan v. Louisiana (1968)

Right to Counsel for Imprisonable Misdemeanors, Argersinger v. Hamlin (1972)

Right to Notice of Accusation, Rabe v. Washington (1972)

Right to Keep and Bear Arms, McDonald v. Chicago (2009)