In Duncan vs Louisiana(1968) the US Supreme Court held that certain provisions of the Bill of Rights are "fundamental to the American scheme of justice".Texas(1967), the Supreme Court held that the Sixth Amendment ensures the right to compel witnesses to testify. North Carolina (1967), the Supreme Court held that the Sixth Amendment the r ight to jury trial in criminal cases. Gladden (1966), the Supreme Court held that the Sixth Amendment ensures the right to have an impartial jury trial. Texas (1965), the Supreme Court held that the Sixth Amendment's right of confrontation required the state to allow the defendant an opportunity to confront a witness against him through counsel. Hogan (1964), the Supreme Court held that the Fifth Amendment's exception from compulsory self-incrimination is protected by the Fourteenth Amendment against abridgment by a state. Wainwright(1963), the Supreme Court held that the Sixth Amendment's guarantee of a right to assistance of counsel applies to criminal defendants in state court by way of the Fourteenth Amendment. In this case, convicting someone for being inflicted with an illness (narcotic addition) violates the Eighth and Fourteenth Amendments. California (1962), the Supreme Court held that the Eighth Amendment protects against cruel and unusual punishment by a state. Ohio(1961), the Supreme Court held that the Fourth Amendment protects a defendant in state court from unreasonable search and seizure. In In re Oliver (1948), the Supreme Court held that, under the Sixth Amendment, the defendant is entitled to a public trial, at least to the extent of having his friends, relatives and counsel present - no matter with what offense he may be charged.The court reasoned, however, that the First Amendment does prohibit states from the Establishment of a Religion. Board of Ed.(1947), the US Supreme Court held that a New Jersey statute assisting parochial schools did not violate the First Amendment. Oregon (1937), the US Supreme Court held that the First Amendment protections of assembly & petition are embodied in the 14th Amendment. Though, the court did reaffirm that the privileges and immunities ensured by the US Constitution do not necessarily apply to state governments. (1934) - the Supreme Court recognized that the First Amendment ensures the right to exercise any religion. Justice George Sutherland, writing for the majority, identified this guarantee in the Sixth Amendment. Alabama (1932), the US Supreme Court held that the Sixth Amendment affords the right to have an attorney in capital cases. Important incorporation decisions include: Since the Gitlow decision, many of the protections of the Bill of Rights have been incorporated into state law. Which Provisions of the Bill of Rights are incorporated into State Law? Connecticut (1937), Justice Benjamin Cardozo, writing for the majority, wrote only "fundamental rights" need be "incorporated" into the 14th Amendment, as they are "of the very essence of a scheme of ordered liberty" and "rooted in the tradition and conscience of our people." This decision resulted in the concept of "partial incorporation". It did not, however, lay down blanket incorporation. The Gitlow case began the incorporation of various provisions of the Bill of Rights into state law. New York, the Supreme Court held that protections under the 1st Amendment applied to states. In 1925, in the landmark case, Gitlow v.New Jersey, the Supreme Court first recognized that the Due Process Clause could incorporate provisions of the Bill of Rights into state law - though it held that there is no intent for incorporation under the Privileges or Immunities Clause. Cruikshank (1876) the Supreme Court held that the 1st and 2nd Amendments to the US Constitution do not apply to the states. The Slaughter-House cases in 1873 further held that Federal protections of citizens were not meant to prohibit state action - particularly the prohibition from violating the equal protection rights of individuals.The issue first arose in1833 in Barron v.The question of whether the protections of citizens under the US Constitution apply to limit the ability of states to infringe upon those rights have arisen in a number of contexts over the year. Next Article: 14th Amendment - Equal Protection Clause Back to: CONSTITUTIONAL LAW How The 14th Amendment Began Limiting State Action No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any state deprive any person of life, liberty, or property, without due process of law nor deny to any person within its jurisdiction the equal protection of the laws. Incorporation Doctrine of the 14th Amendment All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.
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