The Selective Incorporation of the Bill of Rights
DATE AMENDMENT
1925
1931
1937
1940
I.
II.
III.
1949
1961
1897
1964
1968
1948
1963
1965
1966
1967
1967
1968
IV.
V.
VI.
VII.
1962
VIII.
RIGHT
Speech
Press
Assembly
Religion
Right to Bear Arms
No Quartering of Troops
Unreasonable Searches and
Seizures
Exclusionary Rule
Just Compensation
Self-incrimination
Double Jeopardy
Grand jury indictment
Public trial
Right to counsel
Confront witnesses
Impartial trial
Speedy trial
Compulsory trial
Jury trial
Right to jury trail in civil
cases
Freedom from cruel and
unusual punishment
Freedom from excessive
fines and bail
CASE
Gitlow v. New York
Near v. Minnesota
DeJonge v. Oregon
Cantwell v. Connecticut
Not incorporated
(Generally, the Supreme Court has upheld
regulations of the right of private citizens
to bear arms. Should a tough gun-control
law be adopted by a state or local
government and a challenge to it be made a
test of incorporation might be presented to
the Court in the future.)
Not incorporated
The quartering problem has not recurred
since colonial times.
Wolf v. Colorado
Mapp v. Ohio
Chicago, B&O RR Co v. Chicago
Malloy v. Hogan
Benton v. Maryland
Not incorporated
(The trend in state criminal cases is away
from grand juries and toward reliance upon
the sworn written accusation of the
prosecuting attorney.)
In re Oliver
Gideon v. Wainwright
Pointer v. Texas
Parker v. Gladden
Klopfer v. North Carolina
Washingotn v. Texas
Duncan v. Louisiana
Not incorporated
(While Warren Burger was Chief Justice
he conducted a campaign to abolish jury
trials in civil cases to save time and money
among other reasons.)
Robinson v. California
Not incorporated