Click here for the our e of the info below: LII: incorporation doctrine.
__________First Amendment (fully incorporated)
- Guarantee against the establishment of religion: Everson v Board of Education, 330 U.S. 1 (1947)
- Free Exercise of Religion: Hamilton v. Regents of the University of California, 293 U.S. 245 (1934), Cantwell v. Connecticut, 310 U.S. 296 (1940)
- Freedom of Speech: Gitlow v. New York 268 U.S. 652 (1925)
- Freedom of the Press: Near v. Minnesota 283 U.S. 697 (1931)
- Right of Assembly and Petition: DeJonge v. Oregon 299 U.S. 353 (1937)
- Freedom of expressive association: Even though not directly mentioned in the Amendment, See Roberts v. United States Jaycees 468 U.S. 609 (1984) where the court states that “implicit in the right to engage in activities protected by the First Amendment is a corresponding right to associate with others in pursuit of wide variety of political, social, economic, educational, religious and cultural ends.”
Second Amendment (fully incorporated)
- Right to keep and bear arms: McDonald v. Chicago, 561 U.S. 742 (2010).
Third Amendment (not incorporated)
Fourth Amendment (fully incorporated)
- Freedom from unreasonable search and seizure: Mapp v. Ohio, 367 U.S. 643 (1961)
- Requirements in a warrant: Aguilar v. Texas, 378 U.S. 108 (1964)
Fifth Amendment (partially incorporated)
- Right to indictment by a grand jury (not incorporated): Hurtado v. California, 110 US 516 (1884);
- Double Jeopardy: Benton v. Maryland, 395 US 784 (1969)
- Right against Self-Incrimination: Malloy v. Hogan, 378 US 1 (1964)
- Protection against taking property without due compensation: Chicago, Burlington & Quincy Railroad Co. v. City of Chicago, 166 U.S. 226 (1897).
Sixth Amendment (partially incorporated)
- Right to a Speedy Trial: Klopfer v. North Carolina, 386 U.S. 213 (1967)
- Right to a Public Trial: In re Oliver, 333 U.S. 257 (1948)
- Right to an Impartial Jury: Parker v. Gladden, 385 U.S. 363 (1966)
- Right to notice of accusations: In re Oliver 333, U.S. 257 (1948)
- Right to Confront Hostile Witnesses: Pointer v. Texas, 380 U.S. 400 (1965)
- Right to compulsory process to obtain witness testimony: Washington v. Texas, 388 U.S. 14 (1967)
- Right to Confront Favorable Witnesses: Washington v. Texas, 388 U.S. 14 (1967)
- Right to Counsel: Gideon v. Wainwright, 372 U.S. 335 (1963)
- Right to jury selected from residents of the state and district where the crime occurred (not incorporated)
Seventh Amendment (not incorporated)
Eight Amendment
- Protection against excessive bail: Schilb v Kuebel, 404 U.S. 357 (1971)
- Protection against excessive fine: Timbs v. Indiana, 586 U.S. ___ (2019)
- Protection against cruel and unusual punishments: Robinson v California, 370 U.S. 660 (1962).
