How has the Supreme Court incorporated the Bill of Rights to the States? The process of incorporation has played out over many years and through many cases. Explore these landmark cases to learn more.
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) Read More.
Freedom of Assembly, DeJonge v. Oregon (1937) Read More.
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) Read More.
Ban on Unreasonable Search and Seizure, Wolf v. Colorado (1949) Read More.
No Evidence from Illegal Searches, Mapp v. Ohio (1961). Read More.
No Cruel and Unusual Punishment, Robinson v. California (1962) Read More.
Right to Counsel in all Felony Cases, Gideon v. Wainwright (1963). Read More.
No Self-Incrimination, Malloy v. Hogan (1964) Read More.
Right to Confront Adverse Witnesses, Pointer v. Texas (1965) Read More.
Right to Impartial Jury, Parker v. Gladden (1966) Read More.
Right to Obtain Defense Witnesses, Washington v. Texas (1967) Read More.
Right to Speedy Trial, Klopfer v. North Carolina (1967) Read More.
No Double Jeopardy, Benton v. Maryland (1968) Read More.
Right to Jury Trial in Non-petty Cases, Duncan v. Louisiana (1968) Read More.
Right to Counsel for Imprisonable Misdemeanors, Argersinger v. Hamlin (1972) Read More.
Right to Notice of Accusation, Rabe v. Washington (1972) Read More.
Right to Keep and Bear Arms, McDonald v. Chicago (2009) Read More.
More of this Category
Assembly and Association
Discover landmark court cases where the right to peaceably assemble and associate was tested. The right to peaceably assemble is essential to the maintenance of a free government. Throughout American history, individuals have gathered to ensure their voice is heard by their government. Learn more by exploring these cases.
How has the Supreme Court defined the right to citizen juries? Explore these landmark Supreme Court cases to find out.
Criminal Procedure, Search and Seizure, and Due Process
How has the Supreme Court interpreted rights concerning criminal procedure, search and seizure, and due process? Explore these landmark Supreme Court cases to find out.
The division of power between national, state, and local governments is complex and not always clear. Explore these Supreme Court cases to learn how the court has interpreted this important political principle.
Freedom of Petition
How has the Supreme court interpreted the right to petition? The right to petition the government for a redress of grievances is protected by the first amendment. Explore these Supreme Court cases to learn more about this important right.
Freedom of Speech: Campaign Finance
Where does the right to free speech intersect with elections? Find out how the court ruled on this important constitutional question in these cases.
Freedom of Speech: Commercial
Do commercial organizations have free speech protections? Explore these landmark Supreme Court cases to find out how the court has interpreted this constitutional question.
Freedom of Speech: General
How has the Freedom of Speech been interpreted by the Supreme Court? Explore these landmark cases to better understand this important constitutional right.
Freedom of the Press
Explore various landmark court cases where the right to a free press was tested. Freedom of the Press is essential to the maintenance of free government and is guaranteed by the first amendment. Learn more about this right in the cases below.
The extent and limits of personal liberty have often been argued in front of the Supreme Court. Check out these important cases where the court took up this important issue.