Incorporation
This case involved a New Orleans monopoly on slaughterhouses. Justice Miller essentially wrote the Privileges and Immunities clause out of the Constitution, arguing that individual's rights as a federal citizen were very limited
The Slaughterhouse Cases (1873)
This was the first "total plus" case that incorporated the right to privacy
Griswold v. CT (1965)
This case involved a maximum hours law for bakers. The Court struck it down, saying it violated the baker's liberty/property due process rights and article I sec 10 right to contract.
Lochner v. NY (1905)
The Court in this case overturned a conviction because the procedures used by police violated the man's due process rights. Frankfurter said evidence that "shocks the conscience" can violate due process
In this case several young black men accused of rape were not appointed an attorney until the day of trial. Appealed claiming this violated their 6th amend right to fair trial. The Court held that this was a fundamental right and incorporated it to the states
Powell v. Alabama (1932)
This case incorporated the exclusionary rule
Mapp v. Ohio (1961)
This case struck down a state minimum wage law for women for violating the 14th amendment Due Process clause
Adkins v. Children's Hospital
This Court overturned a man's conviction for "breach of the peace" because they said there was no evidence of this conduct and the statute was not interpreted rationally.
Thompson v. Louisville (1960)
In this case, Justice Sanford seemed to incorporate the 1st amendment in dicta by arguing freedom of speech and the press are fundamental rights that cannot be impaired by the states
Gitlow v. NY
This case incorporated the right to counsel for indigents
Gideon v. Wainwright
This case involved a maximum hours law for women working in industries and showed how sometimes economic laws would be upheld during this era. The government lawyer used a social science data brief as the basis of his argument
Muller v. Oregon (1908)
The court overturned a conviction of "prowling by auto" on the grounds that the law violated due process by being too vague
Papachristou v. Jacksonville (1960)
The Court chose not to incorporate the Double Jeopardy clause of the 5th amendment. Cardozo said there are some rights that are vital to ordered liberty and justice, but double jeopardy was not one of these
Palko v. Connecticut (1937)
This case incorporated the 2nd amendment right to bear arms
McDonald v. Chicago (2010)
The Court in this case found that a law that made the teaching of German illegal violated a German teachers Due Process right to liberty/property
Meyer v. Nebraska
The Court held that the drawing of blood while an individual is unconscious from a car wreck was not a violation of due process
Breithaupt v. Abram (1957)
In this case a man challenged his indictment for murder based on the fact he was indicted by information and not a Grand Jury, as is guaranteed in the 5th amendment. The Court rejected this and said the 5th amendment only applied to the federal government
Hurtado v. California (1884)
This case incorporated the 8th amendment right against excessive bail and fines
Timbs v. Indiana (2019)
The Court in this case struck down a law banning private schools because it deprived individuals of their Due Process right to liberty
Pierce v. Society of Sisters (1925)
This Court struck down a law allowing for the sterilization of habitual criminals on Equal Protection grounds rather than Due Process because the statute made an arbitrary exception for embezzlement but not robbery
Skinner v. Oklahoma (1942)