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Incorporation of the Bill of Rights

Index Incorporation of the Bill of Rights

Incorporation, in United States law, is the doctrine by which portions of the Bill of Rights have been made applicable to the states. [1]

116 relations: Adamson v. California, Adarand Constructors, Inc. v. Peña, Aguilar v. Texas, American Civil War, Anti-Federalism, Argersinger v. Hamlin, Article Four of the United States Constitution, Associate Justice of the Supreme Court of the United States, Barron v. Baltimore, Baze v. Rees, Benjamin N. Cardozo, Benton v. Maryland, Bill of Rights 1689, Bolling v. Sharpe, Brown v. Board of Education, Cantwell v. Connecticut, Chicago, Burlington & Quincy Railroad Co. v. City of Chicago, Civil and political rights, Clarence Thomas, Codification (law), Confrontation Clause, Connecticut, Cruel and unusual punishment, De Jonge v. Oregon, Double jeopardy, Due process, Due Process Clause, Duncan v. Louisiana, Earl Warren, Edwards v. South Carolina, Eighth Amendment to the United States Constitution, Elk Grove Unified School District v. Newdow, Eminent domain, Engblom v. Carey, Equal Protection Clause, Establishment Clause, Everson v. Board of Education, Excessive Bail Clause, Exclusionary rule, Felix Frankfurter, Fifth Amendment to the United States Constitution, First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution, Fourth Amendment to the United States Constitution, Free Exercise Clause, Freedom of assembly, Freedom of association, Freedom of speech, Freedom of the press, Gideon v. Wainwright, ..., Gitlow v. New York, Grand jury, Griffin v. California, Hugo Black, Hurtado v. California, In re Oliver, Indictment, James Madison, John Bingham, Jury trial, Ker v. California, Klopfer v. North Carolina, List of amendments to the United States Constitution, Magna Carta, Malloy v. Hogan, Mapp v. Ohio, McDonald v. City of Chicago, McKeiver v. Pennsylvania, Miranda v. Arizona, NAACP v. Alabama, National Archives and Records Administration, Natural and legal rights, Near v. Minnesota, New York (state), Ninth Amendment to the United States Constitution, Obergefell v. Hodges, Obiter dictum, Palko v. Connecticut, Pointer v. Texas, Popular sovereignty, Powell v. Alabama, Privileges and Immunities Clause, Privileges or Immunities Clause, Rabe v. Washington, Right to petition in the United States, Roberts v. United States Jaycees, Robinson v. California, Rochin v. California, Second Amendment to the United States Constitution, Self-incrimination, Seventh Amendment to the United States Constitution, Sixth Amendment to the United States Constitution, Slaughter-House Cases, Speedy trial, State constitution (United States), Supreme Court of the United States, Teague v. Lane, Tenth Amendment to the United States Constitution, Third Amendment to the United States Constitution, Twining v. New Jersey, U.S. state, Unenumerated rights, United States Bill of Rights, United States Constitution, United States Court of Appeals for the Second Circuit, United States Court of Appeals for the Tenth Circuit, United States v. Cruikshank, Vermont, Vicinage Clause, Virginia Declaration of Rights, Warrant (law), Washington v. Texas, West Virginia State Board of Education v. Barnette, William Henry Moody, Williams v. Florida, Wolf v. Colorado. Expand index (66 more) »

Adamson v. California

Adamson v. California, 332 U.S. 46 (1947), was a United States Supreme Court case regarding the incorporation of the Fifth Amendment of the Bill of Rights.

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Adarand Constructors, Inc. v. Peña

Adarand Constructors, Inc.

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Aguilar v. Texas

Aguilar v. Texas,, was a decision by the United States Supreme Court, which held that “lthough an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some of the underlying circumstances from which the affiant concluded that the informant, whose identity was not disclosed, was credible or his information reliable.” Along with Spinelli v. United States (1969), Aguilar established the Aguilar–Spinelli test, a judicial guideline for evaluating the validity of a search warrant based on information provided by a confidential informant or an anonymous tip.

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American Civil War

The American Civil War (also known by other names) was a war fought in the United States from 1861 to 1865.

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Anti-Federalism

Anti-Federalism refers to a movement that opposed the creation of a stronger U.S. federal government and which later opposed the ratification of the 1787 Constitution.

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Argersinger v. Hamlin

Argersinger v. Hamlin,, is a United States Supreme Court decision holding that the accused cannot be subjected to actual imprisonment unless provided with counsel.

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Article Four of the United States Constitution

Article Four of the United States Constitution outlines the relationship between each state and the others, and the several States and the federal government.

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Associate Justice of the Supreme Court of the United States

Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States.

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Barron v. Baltimore

Barron v. Baltimore,, is a landmark United States Supreme Court case in 1833, which helped define the concept of federalism in US constitutional law.

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Baze v. Rees

Baze v. Rees,, is a decision by the United States Supreme Court, which upheld the constitutionality of a particular method of lethal injection used for capital punishment.

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Benjamin N. Cardozo

Benjamin Nathan Cardozo (May 24, 1870 – July 9, 1938) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States.

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Benton v. Maryland

Benton v. Maryland,, is a Supreme Court of the United States decision concerning double jeopardy.

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Bill of Rights 1689

The Bill of Rights, also known as the English Bill of Rights, is an Act of the Parliament of England that deals with constitutional matters and sets out certain basic civil rights.

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Bolling v. Sharpe

Bolling v. Sharpe, 347 U.S. 497 (1954), is a landmark United States Supreme Court case which deals with civil rights, specifically, segregation in the District of Columbia's public schools.

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Brown v. Board of Education

Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutional.

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Cantwell v. Connecticut

Cantwell v. Connecticut,, is a decision by United States Supreme Court holding that the First Amendment's federal protection of religious free exercise incorporates via the Due Process Clause of the Fourteenth Amendment and so applies to state governments too.

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Chicago, Burlington & Quincy Railroad Co. v. City of Chicago

Chicago, Burlington & Quincy Railroad Co.

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Civil and political rights

Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals.

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Clarence Thomas

Clarence Thomas (born June 23, 1948) is an American judge, lawyer, and government official who currently serves as an Associate Justice of the Supreme Court of the United States.

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Codification (law)

In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law.

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Confrontation Clause

The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." Generally, the right is to have a face-to-face confrontation with witnesses who are offering testimonial evidence against the accused in the form of cross-examination during a trial.

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Connecticut

Connecticut is the southernmost state in the New England region of the northeastern United States.

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Cruel and unusual punishment

Cruel and unusual punishment is a phrase describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to it.

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De Jonge v. Oregon

De Jonge v. Oregon, 299 U.S. 353 (1937), was a case in which the Supreme Court of the United States held that the Fourteenth Amendment's due process clause applies to freedom of assembly.

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Double jeopardy

Double jeopardy is a procedural defence that prevents an accused person from being tried again on the same (or similar) charges and on the same facts, following a valid acquittal or conviction.

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Due process

Due process is the legal requirement that the state must respect all legal rights that are owed to a person.

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Due Process Clause

The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause.

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Duncan v. Louisiana

Duncan v. Louisiana,, was a significant United States Supreme Court decision which incorporated the Sixth Amendment right to a jury trial and applied it to the states.

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Earl Warren

Earl Warren (March 19, 1891 – July 9, 1974) was an American jurist and politician who served as the 30th Governor of California (1943–1953) and later the 14th Chief Justice of the United States (1953–1969).

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Edwards v. South Carolina

Edwards v. South Carolina,, was a case in which the Supreme Court of the United States held that the First and Fourteenth Amendments to the U.S. Constitution forbade state government officials to force a crowd to disperse when they are otherwise legally marching in front of a state house.

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Eighth Amendment to the United States Constitution

The Eighth Amendment (Amendment VIII) of the United States Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.

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Elk Grove Unified School District v. Newdow

Elk Grove Unified School District v. Newdow,, was a case decided by the U.S. Supreme Court.

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Eminent domain

Eminent domain (United States, Philippines), land acquisition (Singapore), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia), or expropriation (France, Italy, Mexico, South Africa, Canada, Brazil, Portugal, Spain, Chile, Denmark, Sweden) is the power of a state, provincial, or national government to take private property for public use.

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Engblom v. Carey

Engblom v. Carey, 677 F.2d 957 (2d Cir. 1982), on rem. 572 F. Supp.

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Equal Protection Clause

The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution.

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Establishment Clause

In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion.

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Everson v. Board of Education

Everson v. Board of Education, was a landmark decision of the United States Supreme Court which applied the Establishment Clause in the country's Bill of Rights to State law.

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Excessive Bail Clause

The Excessive Bail Clause of the Eighth Amendment to the United States Constitution prohibits excessive bail set in pre-trial detention.

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Exclusionary rule

In the United States, the exclusionary rule is a legal rule, based on constitutional law.

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Felix Frankfurter

Felix Frankfurter (November 15, 1882February 22, 1965) was an American lawyer, professor, and jurist who served as an Associate Justice of the Supreme Court of the United States.

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Fifth Amendment to the United States Constitution

The Fifth Amendment (Amendment V) to the United States Constitution is part of the Bill of Rights and, among other things, protects individuals from being compelled to be witnesses against themselves in criminal cases.

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First Amendment to the United States Constitution

The First Amendment (Amendment I) to the United States Constitution prevents Congress from making any law respecting an establishment of religion, prohibiting the free exercise of religion, or abridging the freedom of speech, the freedom of the press, the right to peaceably assemble, or to petition for a governmental redress of grievances.

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Fourteenth Amendment to the United States Constitution

The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.

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Fourth Amendment to the United States Constitution

The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights that prohibits unreasonable searches and seizures.

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Free Exercise Clause

The Free Exercise Clause accompanies the Establishment Clause of the First Amendment to the United States Constitution.

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Freedom of assembly

Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ideas.

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Freedom of association

Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria.

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Freedom of speech

Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or sanction.

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Freedom of the press

Freedom of the press or freedom of the media is the principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exercised freely.

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Gideon v. Wainwright

Gideon v. Wainwright,, is a landmark case in United States Supreme Court history.

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Gitlow v. New York

Gitlow v. New York,, was a decision by the Supreme Court of the United States holding that the Fourteenth Amendment to the United States Constitution had extended the reach of certain limitations on federal government authority set forth in the First Amendment—specifically the provisions protecting freedom of speech and freedom of the press—to the governments of the individual states.

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Grand jury

A grand jury is a legal body empowered to conduct official proceedings and investigate potential criminal conduct, and determine whether criminal charges should be brought.

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Griffin v. California

Griffin v. California, 380 U.S. 609 (1965), was a United States Supreme Court case in which the Court ruled, by a 6-2 vote, that it is a violation of a defendant's Fifth Amendment rights for the prosecutor to comment to the jury on the defendant's declining to testify, or for the judge to instruct the jury that such silence is evidence of guilt.

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Hugo Black

Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American politician and jurist who served in the United States Senate from 1927 to 1937, and as an Associate Justice of the Supreme Court of the United States from 1937 to 1971.

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Hurtado v. California

Hurtado v. California,, was a case decided on by the United States Supreme Court.

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In re Oliver

In re Oliver, 333 U.S. 257 (1948), was a decision by the United States Supreme Court involving the application of the right of due process in state court proceedings.

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Indictment

An indictment is a formal accusation that a person has committed a crime.

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James Madison

James Madison Jr. (March 16, 1751 – June 28, 1836) was an American statesman and Founding Father who served as the fourth President of the United States from 1809 to 1817.

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John Bingham

John Armor Bingham (January 21, 1815 – March 19, 1900) was an American Republican Representative from Ohio, an assistant to Judge Advocate General in the trial of the Abraham Lincoln assassination, and a prosecutor in the impeachment trials of Andrew Johnson.

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Jury trial

A jury trial, or trial by jury, is a lawful proceeding in which a jury makes a decision or findings of fact.

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Ker v. California

Ker v. California,, was a case before the United States Supreme Court, which incorporated the Fourth Amendment's protections against illegal search and seizure.

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Klopfer v. North Carolina

Klopfer v. North Carolina, 386 U.S. 213 (1967), was a decision by the United States Supreme Court involving the application of the Speedy Trial Clause of the United States Constitution in state court proceedings.

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List of amendments to the United States Constitution

Thirty-three amendments to the United States Constitution have been proposed by the United States Congress and sent to the states for ratification since the Constitution was put into operation on March 4, 1789.

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Magna Carta

Magna Carta Libertatum (Medieval Latin for "the Great Charter of the Liberties"), commonly called Magna Carta (also Magna Charta; "Great Charter"), is a charter agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215.

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Malloy v. Hogan

Malloy v. Hogan,, was a case in which the Supreme Court of the United States deemed defendants' Fifth Amendment privilege not to be compelled to be witnesses against themselves was applicable within state courts as well as federal courts, overruling the decision in Twining v. New Jersey (1908).

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Mapp v. Ohio

Mapp v. Ohio,, was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts, as well as in federal criminal law prosecutions in federal courts as had previously been the law.

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McDonald v. City of Chicago

McDonald v. Chicago, 561 U.S. (2010), is a landmark decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms" as protected under the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment against the states.

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McKeiver v. Pennsylvania

McKeiver v. Pennsylvania, 403 U.S. 528 (1971),.

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Miranda v. Arizona

Miranda v. Arizona,, was a landmark decision of the United States Supreme Court.

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NAACP v. Alabama

National Association for the Advancement of Colored People v. Alabama, (1958), was an important civil rights case brought before the United States Supreme Court.

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National Archives and Records Administration

The National Archives and Records Administration (NARA) is an independent agency of the United States government charged with preserving and documenting government and historical records and with increasing public access to those documents, which comprise the National Archives.

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Natural and legal rights

Natural and legal rights are two types of rights.

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Near v. Minnesota

Near v. Minnesota,, is a landmark United States Supreme Court decision that found that prior restraints on publication violate freedom of the press as protected under the First Amendment, a principle that was applied to free speech generally in subsequent jurisprudence.

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New York (state)

New York is a state in the northeastern United States.

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Ninth Amendment to the United States Constitution

The Ninth Amendment (Amendment IX) to the United States Constitution addresses rights, retained by the people, that are not specifically enumerated in the Constitution.

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Obergefell v. Hodges

Obergefell v. Hodges,, is a landmark civil rights case in which the Supreme Court of the United States ruled in a 5–4 decision that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

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Obiter dictum

Obiter dictum (usually used in the plural, obiter dicta) is Latin phrase meaning "by the way", that is, a remark in a judgment that is "said in passing".

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Palko v. Connecticut

Palko v. Connecticut, 302 U.S. 319 (1937), was a United States Supreme Court case concerning the incorporation of the Fifth Amendment protection against double jeopardy.

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Pointer v. Texas

Pointer v. Texas, was a decision by the United States Supreme Court involving the application of the right of to confront accusers in state court proceedings.

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Popular sovereignty

Popular sovereignty, or sovereignty of the peoples' rule, is the principle that the authority of a state and its government is created and sustained by the consent of its people, through their elected representatives (Rule by the People), who are the source of all political power.

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Powell v. Alabama

In Powell v. Alabama, the United States Supreme Court reversed the convictions of nine young black men for allegedly raping two white women on a freight train near Scottsboro, Alabama.

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Privileges and Immunities Clause

The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner.

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Privileges or Immunities Clause

The Privileges or Immunities Clause is Amendment XIV, Section 1, Clause 2 of the United States Constitution.

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Rabe v. Washington

Rabe v. Washington, 405 U.S. 313 (1972), was a decision by the United States Supreme Court involving the application of obscenity laws and criminal procedure to the states.

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Right to petition in the United States

In the United States the right to petition is guaranteed by the First Amendment to the United States Constitution, which specifically prohibits Congress from abridging "the right of the people...to petition the Government for a redress of grievances".

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Roberts v. United States Jaycees

Roberts v. United States Jaycees,, was an opinion of the Supreme Court of the United States overturning the United States Court of Appeals for the Eighth Circuit's application of a Minnesota antidiscrimination law.

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Robinson v. California

Robinson v. California,, is the first decision of the United States Supreme Court in which the Eighth Amendment of the Constitution was interpreted to prohibit criminalization of particular acts or conduct, as contrasted with prohibiting the use of a particular form of punishment for a crime.

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Rochin v. California

Rochin v. California,, was a case decided by the Supreme Court of the United States that added behavior that "shocks the conscience" into tests of what violates due process.

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Second Amendment to the United States Constitution

The Second Amendment (Amendment II) to the United States Constitution protects the right of the people to keep and bear arms and was adopted on December 15, 1791, as part of the first ten amendments contained in the Bill of Rights.

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Self-incrimination

Self-incrimination is the act of exposing oneself generally, by making a statement "to an accusation or charge of crime; to involve oneself or another in a criminal prosecution or the danger thereof." Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; or indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person.

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Seventh Amendment to the United States Constitution

The Seventh Amendment (Amendment VII) to the United States Constitution is part of the Bill of Rights.

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Sixth Amendment to the United States Constitution

The Sixth Amendment (Amendment VI) to the United States Constitution is the part of the United States Bill of Rights that sets forth rights related to criminal prosecutions.

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Slaughter-House Cases

The Slaughter-House Cases,, was the first United States Supreme Court interpretation of the U.S. Constitution's Fourteenth Amendment which had recently been enacted.

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Speedy trial

The right to a speedy trial is a human right under which it is asserted that a government prosecutor may not delay the trial of a criminal suspect arbitrarily and indefinitely.

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State constitution (United States)

In the United States, each state has its own constitution.

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Supreme Court of the United States

The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS) is the highest federal court of the United States.

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Teague v. Lane

Teague v. Lane,, was a United States Supreme Court case dealing with the application of newly announced rules of law in habeas corpus proceedings.

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Tenth Amendment to the United States Constitution

The Tenth Amendment (Amendment X) to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791.

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Third Amendment to the United States Constitution

The Third Amendment (Amendment III) to the United States Constitution places restrictions on the quartering of soldiers in private homes without the owner's consent, forbidding the practice in peacetime.

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Twining v. New Jersey

Twining v. New Jersey,, was an early case of the U.S. Supreme Court.

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U.S. state

A state is a constituent political entity of the United States.

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Unenumerated rights

Unenumerated rights are legal rights inferred from other legal rights that are officiated in a retrievable form codified by law institutions, such as in written constitutions, but are not themselves expressly coded or "enumerated" among the explicit writ of the law.

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United States Bill of Rights

The Bill of Rights is the first ten amendments to the United States Constitution.

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United States Constitution

The United States Constitution is the supreme law of the United States.

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United States Court of Appeals for the Second Circuit

The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals.

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United States Court of Appeals for the Tenth Circuit

The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts.

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United States v. Cruikshank

United States v. Cruikshank, was an important United States Supreme Court decision in United States constitutional law, one of the earliest to deal with the application of the Bill of Rights to state governments following the adoption of the Fourteenth Amendment.

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Vermont

Vermont is a state in the New England region of the northeastern United States.

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Vicinage Clause

The Vicinage Clause is a provision in the Sixth Amendment to the United States Constitution regulating the vicinity from which a jury pool may be selected.

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Virginia Declaration of Rights

The Virginia Declaration of Rights is a document drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government.

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Warrant (law)

A warrant is generally an order that serves as a specific type of authorization, that is, a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is performed.

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Washington v. Texas

Washington v. Texas, 388 U.S. 14 (1967), is a United States Supreme Court case in which the Court decided that the Compulsory Process Clause of the Sixth Amendment to the Constitution (guaranteeing the right of a criminal defendant to force the attendance of witnesses for their side) is applicable in state courts as well as federal courts.

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West Virginia State Board of Education v. Barnette

West Virginia State Board of Education v. Barnette,, is a decision by the United States Supreme Court holding that the Free Speech Clause of the First Amendment protects students from being forced to salute the American flag or say the Pledge of Allegiance in public school.

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William Henry Moody

William Henry Moody (December 23, 1853 – July 2, 1917) was an American politician and jurist, who held positions in all three branches of the Government of the United States.

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Williams v. Florida

Williams v. Florida, 399 U.S. 78 (1970), is a United States Supreme Court case in which the Court held that the Fifth Amendment does not entitle a defendant in a criminal trial to refuse to provide details of his alibi witnesses to the prosecution, and that the Sixth Amendment does not require a jury to have 12 members.

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Wolf v. Colorado

Wolf v. Colorado, 338 U.S. 25 (1949) was a United States Supreme Court case in which the Court held 6-3 that, while the Fourth Amendment was applicable to the states, the exclusionary rule was not a necessary ingredient of the Fourth Amendment's right against warrantless and unreasonable searches and seizures.

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Redirects here:

14th Amendment Due Process Clause incorporation of the Bill of Rights, Due Process Clause incorporation, Due Process Clause incorporation of the Bill of Rights, Fourteenth Amendment Due Process Clause incorporation of the Bill of Rights, Incorporation (Bill of Rights), Incorporation Doctrine, Incorporation doctrine, Incorporation of the Bill of Rights into the Due Process Clause of the Fourteenth Amendment, Incorporation of the bill of rights, Reverse incorporation, Selective incorporation.

References

[1] https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights

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