United States of America
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Preamble
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Article Three of the United States Constitution establishes the judicial branch of the federal government. ... Article Four of the United States Constitution relates to the states. ... Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ... Article Six establishes the United States Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, and fulfills other purposes. ... Article Seven of the United States Constitution describes the process by which the entire document is to be ratified and take effect. ... The first ten amendments to the United States Constitution are known as the Bill of Rights. This is a complete list of all ratified and unratified amendments to the United States Constitution which have received the approval of the Congress. ... Image of the United States Bill of Rights from the U.S. National Archives and Records Administration The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... The Bill of Rights in the National Archives The First Amendment to the United States Constitution is a part of the United States Bill of Rights. ... The Bill of Rights in the National Archives Amendment II (the Second Amendment) of the United States Constitution, which is part of the Bill of Rights, declares a well regulated militia as being necessary to the security of a free State, and prohibits Congress from infringement of the right of... The Bill of Rights in the National Archives The Third Amendment to the United States Constitution is a part of the United States Bill of Rights. ... The Bill of Rights in the National Archives Amendment IV (the Fourth amendment) to the United States Constitution is one of the provisions included in the Bill of Rights. ... The Bill of Rights in the National Archives Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ... Amendment VII (the Seventh Amendment) of the United States Constitution, which is part of the Bill of Rights, codifies the right to jury trial in certain civil trials. ... The Bill of Rights in the National Archives Amendment VIII (the Eighth Amendment) of the United States Constitution, which is part of the U.S. Bill of Rights, prohibits excessive bail or fines, as well as cruel and unusual punishment. ... The Bill of Rights in the National Archives Amendment IX (the Ninth Amendment) to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are not specifically enumerated in the Constitution. ... The Bill of Rights in the National Archives Amendment X (the Tenth Amendment) of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791. ... Amendment XI (the Eleventh Amendment) of the United States Constitution was passed by the U.S. Congress on March 4, 1794 and was ratified on February 7, 1795. ... The Twelfth Amendment to the United States Constitution altered Article II pertaining to presidential elections. ... Amendment XIII in the National Archives Amendment XIII (the Thirteenth Amendment) of the United States Constitution officially abolished, and continues to prohibit, slavery, and, with limited exceptions such as those convicted of a crime, prohibits involuntary servitude. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments, intended to secure rights for former slaves. ... Amendment XV in the National Archives 1870 celebration of the 15th amendment as a guarantee of African American rights 1867 drawing depicting the first vote by African Americans Amendment XV (the Fifteenth Amendment) of the United States Constitution provides that governments in the United States may not prevent a citizen... Amendment XVI in the National Archives Amendment XVI (the Sixteenth Amendment) of the United States Constitution, authorizing income taxes in their present form, was ratified on February 3, 1913. ... Amendment XVII in the National Archives Amendment XVII (the Seventeenth Amendment) of the United States Constitution was passed by the Senate on June 12, 1911 and by the House on May 13, 1912. ... Amendment XVIII in the National Archives Prohibition agents destroying barrels of alcohol. ... Amendment XIX in the National Archives Amendment XIX (the Nineteenth Amendment) to the United States Constitution provides that neither the individual states of the United States nor its federal government may deny a citizen the right to vote because of the citizens sex. ... Page 1 of Amendment XX in the National Archives Page 2 of the amendment Amendment XX (the Twentieth Amendment) of the United States Constitution, also called The Lame Duck Amendment, or the Norris Amendment,[] establishes some details of presidential succession and of the beginning and ending of the terms of... Amendment XXI (the Twenty-first Amendment) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition. ... Amendment XXII in the National Archives The Twenty-second Amendment of the United States Constitution sets a term limit for the President of the United States, providing that No person shall be elected to the office of the President more than twice, and no person who has held the office... Amendment XXIII was the twenty-third Amendment to the United States Constitution which permits the District of Columbia to choose Electors for President and Vice President. ... Amendment XXIV in the National Archives Amendment XXIV (the Twenty-fourth Amendment) of the United States Constitution prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other types of tax. ... Amendment XXV (the Twenty-fifth Amendment) of the United States Constitution clarifies an ambiguous provision of the Constitution regarding succession to the Presidency, and establishes procedures both for filling a vacancy in the office of the Vice President as well as responding to Presidential disabilities. ... Amendment XXVI (the Twenty-sixth Amendment) of the United States Constitution was ratified on July 1, 1971. ... Amendment XXVII (the Twenty-seventh Amendment) is the most recent amendment to be incorporated into the United States Constitution, having been ratified in 1992. ...
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Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. Most of those portions of the Bill of Rights were incorporated by a series of United States Supreme Court decisions in the 1940s, 1950s, and 1960s. United States Bill of Rights The Bill of Rights is the name given to the first ten amendments to the United States Constitution. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments, intended to secure rights for former slaves. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States...

Though the Bill of Rights was originally written to limit only the power of the federal government, the Supreme Court has ruled that most of its guarantees protect citizens against state governments. Some have suggested that the Privileges or Immunities Clause of the Fourteenth Amendment would be a more appropriate textual source of incorporation, but the Privileges or Immunities Clause has not been used to incorporate the Bill of Rights. This has meant that the Due Process Clause was the means by which incorporation occurred. The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... This provision of the Fourteenth Amendment to the United States Constitution is unique among constitutional provisions in that some scholars believe it was all but read out of the Constitution in a 5-4 decision of the Supreme Court (see Slaughterhouse Cases of 1873). ...

Slaughterhouse Cases

It is often said that the Slaughterhouse Cases "gutted the Privileges or Immunities Clause," and thus prevented its use for applying the Bill of Rights against the states.^[1] However, Justice Hugo Black has pointed out that the Slaughter-House Cases did not directly involve any right enumerated in the Constitution: Holding The 14th Amendment does not protect the privileges and immunities of state citizenship, only national citizenship. ... This provision of the Fourteenth Amendment to the United States Constitution is unique among constitutional provisions in that some scholars believe it was all but read out of the Constitution in a 5-4 decision of the Supreme Court (see Slaughterhouse Cases of 1873). ... Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ...

[T]he state law under consideration in the Slaughter-House cases was only challenged as one which authorized a monopoly, and the brief for the challenger properly conceded that there was "no direct constitutional provision against a monopoly." The argument did not invoke any specific provision of the Bill of Rights, but urged that the state monopoly statute violated "the natural right of a person" to do business and engage in his trade or vocation.^[2]

Thus, in Black's view, the Slaughterhouse Cases should not impede incorporation of the Bill of Rights against the states, via the Privileges or Immunities Clause. Some scholars go even further, and argue that the Slaughterhouse Cases affirmatively supported incorporation of the Bill of Rights against the states.^[3] In dicta, Justice Miller's opinion in Slaughterhouse went so far as to acknowledge that the "right to peaceably assemble and petition for redress of grievances ... are rights of the citizen guaranteed by the Federal Constitution," although in context Miller may have only been referring to assemblies for petitioning the federal government.^[4]

Origins

The genesis of incorporation has been traced back to either Chicago, Burlington & Quincy Railway Co. v. Chicago (1897) in which the Supreme Court appeared to require some form of just compensation for property appropriated by state or local authorities (although there was a state statute on the books that provided the same guarantee) or, more commonly, to Gitlow v. New York (1925), in which the Court expressly held that States were bound to observe First Amendment free speech protections. Since that time, the Court has steadily incorporated most of the significant provisions of the Bill of Rights. Provisions that the Supreme Court either has refused to incorporate, or whose possible incorporation has not yet been addressed, are the Second Amendment right to bear arms, the Fifth Amendment right to an indictment by a grand jury, the Seventh Amendment right to a jury trial in civil lawsuits, and the Sixth Amendment's implicit command that a criminal jury can consist only of twelve members and must reach a unanimous verdict in order to convict. The Bill of Rights in the National Archives Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... Holding Though the Fourteenth Amendment prohibits states from infringing free speech, the defendant was properly convicted under New Yorks criminal anarchy law for advocating the violent overthrow of the government, through the dissemination of Communist pamphlets. ... The Bill of Rights in the National Archives The First Amendment to the United States Constitution is a part of the United States Bill of Rights. ... Citizens of the United States often treat free speech as a fundamental right and often a matter of patriotism. ... A grand jury is a type of jury, in the common law legal system, which determines if there is enough evidence for a trial. ... Amendment VII (the Seventh Amendment) of the United States Constitution, which is part of the Bill of Rights, codifies the right to jury trial in certain civil trials. ... It has been suggested that this article or section be merged with Jury. ... Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ...

Incorporation applies both procedural and substantive guarantees to the states. Thus, procedurally, only a jury can convict a defendant of a serious crime, since the Sixth Amendment jury-trial right has been incorporated against the states; substantively, for example, states must recognize the First Amendment prohibition against a state-established religion, regardless of whether state laws and constitutions offer such a prohibition. The Supreme Court has declined, however, to apply new procedural constitutional rights retroactively against the states in criminal cases (Stone v. Powell) with limited exceptions, and it has waived constitutional requirements if the states can prove that a constitutional violation was "harmless beyond a reasonable doubt."

There are, however, some substantive guarantees whose incorporation the Supreme Court has not yet ruled on— for example, the Third Amendment right against quartering soldiers in private homes except in wartime as provided by law.

The Court has declined to take full judicial notice of the clear statements of the original intent for the 14th Amendment as made by the author and sponsor of the bill for the amendment within the US Congress, Rep. John Bingham of Ohio. Bingham disliked the fact that southern states were continuing to violate the rights of Blacks even after the end of the War Between the States (US Civil War), and wished for some means for the Congress to be able to punish the states for such violations. However, he felt that the US Congress was restrained from doing so, since the Supreme Court had previously ruled in the 1833 case Barron v. Baltimore that the Bill of Rights only limited actions of the federal government, and not those of the states. Therefore, Bingham proposed an amendment to the Constitution which would require the states to honor the immunities and privileges of US citizens as guaranteed within both the body and the Bill of Rights of the US Constitution, and which would also grant to Congress the power to enforce this requirement. The text of the 14th Amendment does not except any of the civil rights of the Bill of Rights from inclusion or incorporation, but rather applies all of the immunities and privileges of the Bill of Rights to the states. The Court, however, has not. See Congressional Globe, 39th Congress, 1st Session, 1866.[1]

Partial versus Total incorporation

In the 1940's and 1960's the Supreme Court gradually issued a series of decisions incorporating several of the specific rights from the Bill of Rights, so as to be binding upon the States.^[5] An alternate school of thought championed by Justice Hugo Black supported that incorporation of specific rights, but urged incorporation of all specific rights instead of just some of them. Black was for so-called mechanical incorporation, or total incorporation, of Amendments 1 through 8 of the Bill of Rights.^[6] Black felt that the Fourteenth Amendment required the States to respect all of the enumerated rights set forth in the first eight amendments, but he did not wish to see the doctrine expanded to include other, unenumerated "fundamental rights" that might be based on the Ninth Amendment. Black felt that his formulation eliminated any arbitrariness or caprice in deciding what the Fourteenth Amendment ought to protect, by sticking to words already found in the Constitution. Although Black was willing to invalidate federal statutes on federalism grounds, he was not inclined to read any of the first eight amendments as states' rights provisions as opposed to individual rights provisions.^[6] 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. ... Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ... The Ninth Amendment may refer to the: Ninth Amendment to the United States Constitution - part of the Bill of Rights. ...

Selective incorporation

Justice Felix Frankfurter, however, felt that the incorporation process ought to be incremental, and that the federal courts should only apply those sections of the Bill of Rights whose abridgment would "shock the conscience," as he put it in Rochin v. California (1952). Frankfurter's incrementalist approach did carry the day, but the end result is very nearly what Justice Black advocated, with the exceptions noted above. Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court. ... In Rochin v. ...

Which rights have been incorporated?

Many of the provisions of the First Amendment were applied to the States in the 1930s and 1940s, but most of the procedural protections provided to criminal defendants were not enforced against the States until the Warren Court of the 1960s, famous for its concern for the rights of those accused of crimes, brought state standards in line with federal requirements. The following list enumerates, by amendment and individual clause, the Supreme Court cases that have incorporated the rights contained in the Bill of Rights. (The Ninth Amendment is not listed; its wording indicates that it "is not a source of rights as such; it is simply a rule about how to read the Constitution." Laurence H. Tribe, American Constitutional Law 776 n. 14 (2nd ed. 1998). The Tenth Amendment is also not listed; by its wording, it is a reservation of rights to the states.) Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 20th Attorney General of California, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ... The Bill of Rights in the National Archives Amendment IX (the Ninth Amendment) to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are not specifically enumerated in the Constitution. ... The Bill of Rights in the National Archives Amendment X (the Tenth Amendment) of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791. ...

• Amendment I
  • Establishment of Religion
    • Everson v. Board of Education, 330 U.S. 1 (1947).
  • Free Exercise of Religion
    • 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).
  • Freedom of assembly
    • DeJonge v. Oregon, 299 U.S. 353 (1937).
  • Petition for redress of grievances
    • It appears that no one case incorporates this right individually. See Edwards v. South Carolina, 372 U.S. 229 (1963): After listing several First Amendment rights, including redress of grievances, the Court wrote: "It has long been established that these First Amendment freedoms are protected by the Fourteenth Amendment from invasion by the States."
  • Freedom of association
    • NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958): Although the First Amendment lists no "right of association", "Effective advocacy of both public and private points of view, particularly controversial ones, is undeniably enhanced by group association, as this Court has more than once recognized by remarking upon the close nexus between the freedoms of speech and assembly."

• Amendment II
  • Right to bear arms
    • Has not been incorporated. According to the D.C. Circuit Court of Appeals in the case of Parker v. District of Columbia, "The Second Amendment is one of the few Bill of Rights provisions that has not yet been held to be incorporated through the Fourteenth Amendment." All supreme court jurisprudence on the Second Amendment predates Due Process incorporation doctrine except US v Miller 307 U.S. 174 (US 1939), which was a challenge to a federal law unrelated to incorporation. Incorporation of Second Amendment was rejected in Presser v. Illinois, 116 U.S. 252 (1886) and United States v. Cruikshank, 92 U.S. 542 (1875). However Duncan v. Louisiana 391 U.S. 145 (1968), in dicta regarding the interpretation of Palko v. Connecticut 302 U.S. 319 (1937), indicates that all Amendments dealing with "ordered liberty" should be regarded as being incorporated according to the majority concurrence by Justice Black.[2]

• Amendment III
  • Freedom from quartering of soldiers
    • Has not been incorporated. But Griswold v. Connecticut, 116 U.S. 252 (1965): mentions this right indirectly: ". . . [S]pecific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance. Various guarantees create zones of privacy. . . . The Third Amendment in its prohibition against the quartering of soldiers 'in any house' in time of peace without the consent of the owner is another facet of that privacy."

• Amendment IV
  • Unreasonable search and seizure
    • Wolf v. Colorado, 338 U.S. 25 (1949): The Court held that although the Fourth Amendment applied to the states, the exclusionary rule (unconstitutionally obtained evidence cannot be used at trial), which the Court had been held to be an essential corollary to the Fourth Amendment, did not. The Court later incorporated the exclusionary rule in Mapp v. Ohio, 367 U.S. 643 (1961).
  • Warrant requirements
    • Ker v. California, 374 U.S. 23 (1963); Aguilar v. Texas, 378 U.S. 108 (1964).

• Amendment V
  • Presentment or indictment of grand jury
    • Has not been incorporated. Hurtado v. California, 110 U.S. 516 (1884).
  • Double jeopardy
    • Benton v. Maryland, 395 U.S. 784 (1969).
  • Self-incrimination
    • Malloy v. Hogan, 378 U.S. 1 (1964).
  • Miranda warning
    • Miranda v. Arizona, 384 U.S. 436 (1966): The Court held that what is now called the Miranda warning was an essential corollary to the Fifth Amendment right against self-incrimination and the Sixth Amendment right to assistance of counsel.
  • Taking of private property
    • Chicago, Burlington & Quincy Railway Co. v. Chicago, 166 U.S. 226 (1897). (Strictly speaking, this case appears to have been decided on the basis of the Fourteenth Amendment itself, without recourse to incorporation of the Fifth Amendment. Nevertheless, a number of subsequent cases have cited it for the proposition that the Takings Clause of the Fifth Amendment has been made applicable to the states via the Fourteenth Amendment. E.g., Webb's Fabulous Pharmacies, Inc. v. Beckwith, 449 U.S. 155 (1980).

• Amendment VI
  • Speedy trial
    • Klopfer v. North Carolina, 386 U.S. 213 (1967).
  • Public trial
    • In re Oliver, 333 U.S. 257 (1948).
  • Trial by impartial jury
    • Duncan v. Louisiana, 391 U.S. 145 (1968): The Court held that in state criminal proceedings, where a person could be sentenced to a significant time in prison, he or she had a right to a trial by jury. However, there is no similar right in juvenile delinquency trials. McKeiver v. Pennsylvania, 403 U.S. 528 (1971).
  • Unanimous jury verdict
    • Burch v. Louisiana, 441 U.S. 130 (1979): The Court has never incorporated the Sixth Amendment's implicit guarantee that convictions be obtained only from unanimous twelve-member juries, but in Burch, the Justices did hold that when as few as six jurors are empanelled, their verdict must be unanimous.
  • Notice of accusation
    • Rabe v. Washington, 405 U.S. 313 (1972).
  • Confrontation of adverse witnesses
    • Pointer v. Texas, 380 U.S. 400 (1965).
  • Compulsory process to obtain witness testimony
    • Washington v. Texas, 388 U.S. 14 (1967).
  • Assistance of counsel in capital criminal cases
    • Powell v. Alabama, 287 U.S. 45 (1932).
  • Assistance of counsel in all felony cases
    • Gideon v. Wainwright, 372 U.S. 335 (1963).
  • Assistance of counsel in imprisonable misdemeanor cases
    • Argersinger v. Hamlin, 407 U.S. 25 (1972).
  • Miranda warning
    • (See above.)

• Amendment VII
  • Jury trial in civil cases
    • Has not been incorporated. See Curtis v. Loether, 415 U.S. 189 (1974).

• Amendment VIII
  • Excessive bail
    • Has not been incorporated. Roper v. Simmons, 543 U.S. 551 (2005), quotes the Eighth Amendment in full, then says, "The provision is applicable to the States through the Fourteenth Amendment." However, the cases cited by the Court do not address bail.
  • Excessive fines
    • Cooper Industries v. Leatherman Tool Group, Inc., 532 U.S. 424 (2001).
  • Cruel and unusual punishment
    • Robinson v. California, 370 U.S. 660 (1962).

The Establishment Clause of the First Amendment to the United States Constitution states that: Congress shall make no law respecting an establishment of religion Together with the Free Exercise Clause, (or prohibiting the free exercise thereof), these two clauses make up what are commonly known as the religion clauses. ... Holding The Establishment Clause of the First Amendment is incorporated against the states. ... The Free Exercise Clause of the First Amendment to the United States Constitution, taken with the Establishment Clause of the First Amendment make up the Religion Clauses. ... Holding The Free Exercise Clause of the First Amendment is incorporated against the states by the Fourteenth Amendment. ... This article or section does not cite any references or sources. ... Holding Though the Fourteenth Amendment prohibits states from infringing free speech, the defendant was properly convicted under New Yorks criminal anarchy law for advocating the violent overthrow of the government, through the dissemination of Communist pamphlets. ... Freedom of the press (or press freedom) is the guarantee by a government of free public press for its citizens and their associations, extended to members of news gathering organizations, and their published reporting. ... Holding A Minnesota law that imposed permanent injunctions against the publication of newspapers with malicious, scandalous, and defamatory content violated the First Amendment, as applied to the states by the Fourteenth. ... Group of women holding placards with political activist slogans: know your courts - study your politicians, Liberty in law, Law makers must not be law breakers, and character in candidates photo 1920 Freedom of assembly is the freedom to associate with, or organize any groups, gatherings, clubs, or organizations that one... DeJonge v. ... Edwards v. ... Freedom of association is a Constitutional (legal) concept based on the premise that it is the right of free adults to mutually choose their associates for whatever purpose they see fit. ... NAACP v. ... The Bill of Rights in the National Archives Amendment II (the Second Amendment) of the United States Constitution, which is part of the Bill of Rights, declares a well regulated militia as being necessary to the security of a free State, and prohibits Congress from infringement of the right of... Holding The statutes as applied are unconstitutional. ... Holding The National Firearms Act - as applied to transporting in interstate commerce a 12-gauge shotgun with a barrel less than 18 inches long, without having registered it and without having in his possession a stamp-affixed written order for it - was not unconstitutional as an invasion of the reserved... United States v. ... Holding By a 7-2 majority the Supreme Court ruled in favor of Duncan, arguing that the right to a jury trial in criminal cases was fundamental and central to the American conception of justice. ... In law, the term dicta is used to refer to a judges statement of legal opinion that is not directly relevant to the case being heard. ... Palko v. ... The Bill of Rights in the National Archives The Third Amendment to the United States Constitution is a part of the United States Bill of Rights. ... Holding A Connecticut law criminalizing the use of contraceptives violated the right to marital privacy. ... This article or section does not cite any references or sources. ... Holding The Fourteenth Amendment does not require that evidence obtained in violation of the Fourth Amendment be excluded from use by the states in criminal prosecutions. ... Holding The Fourth Amendment prohibition against unreasonable searches and seizures, as applied to the states through the Fourteenth, excludes unconstitutionally obtained evidence from use in criminal prosecutions. ... Warrant has several meanings: In law, a warrant is a form of authorization, such as A writ issued by a judge. ... Holding The Fourth Amendment’s prohibition on unreasonable search and seizure and the exclusionary rule for evidence obtained from unreasonable search and seizure apply to the states through the Fourteenth Amendment. ... In the common law legal system, an indictment (IPA: ) is a formal charge of having committed a most serious criminal offense. ... A grand jury is a type of jury, in the common law legal system, which determines if there is enough evidence for a trial. ... Holding The words due process of law in the Fourteenth Amendment of the Constitution of the United States do not necessarily require an indictment by a grand jury in a prosecution by a State for murder. ... For other uses, see Double jeopardy (disambiguation). ... Benton v. ... Self-incrimination is the act of accusing oneself of a crime for which a person can then be prosecuted. ... The Miranda warning is a police warning that is given to criminal suspects in police custody or in a custodial situation in the United States before they are asked questions relating to the commission of a crime. ... Holding The Fifth Amendment privilege against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his rights to remain silent and to obtain an attorney. ... A taking is an action by a government depriving a person of private property without the payment of just compensation. ... This article or section does not cite its references or sources. ... Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ... It has been suggested that this article or section be merged with Jury. ... Holding By a 7-2 majority the Supreme Court ruled in favor of Duncan, arguing that the right to a jury trial in criminal cases was fundamental and central to the American conception of justice. ... Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ... The Confrontation Clause of Sixth Amendment to the United States Constitution provides in relevant part: In all criminal prosecutions, the accused shall enjoy the right to . ... Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ... Holding Defendants conviction was unconstitutional because they were denied the assistance of counsel from the time of their arraignment until the beginning of their trial, in violation of the 14th Amendments Due Process Clause. ... Holding The Sixth Amendment right to counsel is a fundamental right applied to the states through the Fourteenth, and requires that indigent criminal defendants be provided counsel at trial. ... The Miranda warning is a police warning that is given to criminal suspects in police custody or in a custodial situation in the United States before they are asked questions relating to the commission of a crime. ... Amendment VII (the Seventh Amendment) of the United States Constitution, which is part of the Bill of Rights, codifies the right to jury trial in certain civil trials. ... The Bill of Rights in the National Archives Amendment VIII (the Eighth Amendment) of the United States Constitution, which is part of the U.S. Bill of Rights, prohibits excessive bail or fines, as well as cruel and unusual punishment. ... Holding The Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed. ... The Bill of Rights in the National Archives Amendment VIII (the Eighth Amendment) of the United States Constitution, which is part of the U.S. Bill of Rights, prohibits excessive bail or fines, as well as cruel and unusual punishment. ... Holding Courts of Appeals should apply a de novo standard when reviewing district court determinations of the constitutionality of punitive damages awards. ... “Cruel And Unusual” redirects here. ... Robinson v. ...

References

1. ^ See Pilon, Roger. "Lawless Judges: Refocusing the Issue for Conservatives," Georgetown Journal of Law and Public Policy Volume II, page 21 (2000).
2. ^ Adamson v. California, 332 U.S. 46 (1947) (Black, J., dissenting).
3. ^ See Wildenthal, Bryan. “The Lost Compromise: Reassessing the Early Understanding in Court and Congress on Incorporation of the Bill of Rights in the Fourteenth Amendment". Ohio State Law Journal, Vol. 61 (2000).
4. ^ Slaughter-House Cases, 83 U.S. 36 (1873).
5. ^ Steffen W. Schmidt, Mack C. Shelley, Barbara A. Bardes: American Government and Politics Today, Page 71. Thomson Wadsworth, 2004.
6. ^ ^{a b} Amar, Akhil Reed: The Bill of Rights: Creation and Reconstruction , Page 234. Yale University Press, 1998

• P.A. Madison's A Dummies Guide to Understanding the Fourteenth Amendment
• J. Lieberman (1999). A Practical Companion to the Constitution. Berkeley: University of California Press.
• Regina McClendon, Public Law Research Institute (1994) (stating that "[t]he almost total incorporation of the Bill of Rights lends support to the theory that incorporation of the Second Amendment is inevitable").[3]
• American Jurisprudence, 2d ed., "Constitutional Law" § 405.
• Ernest H. Schopler, Comment Note—What Provisions of the Federal Constitution's Bill of Rights Are Applicable to the States, 23 L. Ed. 2d 985 (Lexis).

External links

• A First Amendment incorporation chart