Which amendments of the Bill of Rights were incorporated by 1968?

Answer 1

The First, Fourth and Sixth Amendments were fully incorporated by 1968, although the right of juveniles to trial by jury in juvenile court was not incorporated (nor is it explicitly mentioned in the Constitution). The Fifth and Eighth Amendments were partially incorporated.

First Amendment (incorporated)

• Everson v. Board of Education, 330 US 1 (1947) clarified the Establishment Clause.
• Cantwell v. Connecticut, 310 US 296 (1940) held that the state couldn't impose restrictions on religious grounds.
• Gitlow v. New York, 268 US 652 (1925) held that the Fourteenth Amendment required the States to adhere to the First Amendment.
• Near v. Minnesota, 283 US 697 (1931) held that the Minnesota "gag law" violated freedom of the press.
• De Jonge v. Oregon, 299 US 353 (1937) held that Oregon's criminal syndicalism law was unconstitutional.
• NAACP v. Alabama, 357 US 449 (1958) Used Due Process Clause of Fourteenth Amendment to establish the right to expressive association, which is not specifically mentioned in the First Amendment.

Fourth Amendment (incorporated)

• Mapp v. Ohio, 367 US 643 (1961) protected individuals against unreasonable search and seizure.
• Aguilar v. Texas, 378 US 108 (1964) explicated warrant requirements.

Fifth Amendment (partially incorporated)

• Malloy v. Hogan, 378 US 1 (1964) upheld personal rights against self-incrimination.
• Chicago, Burlington & Quincy Railroad v. City of Chicago, 166 US 226 (1897) upheld Takings Clause, prohibiting exercising eminent domain without fair compensation.
• Miranda v. Arizona, 384 US 436 (1966) The Miranda warning falls under the Fifth Amendment as a legal precaution, rather than a Constitutional mandate.

Sixth Amendment (incorporated)

• Klopfer v. North Carolina, 386 US 213 (1967) upheld the right to a speedy trial.
• In re Oliver, 333 US 257 (1948) upheld the right to a public trial.
• Duncan v. Louisiana, 391 US 145 (1968) ruled that trial by jury does not extend to juveniles in state court.
• In re Oliver, 333 US 257 (1948) upheld the right to notice of accusations.
• Pointer v. Texas, 380 US 400 (1965) upheld right to confront adversary witnesses.
• Washington v. Texas, 388 US 14 (1967) held subpoenas have to be issued for witness testimony.
• Gideon v. Wainwright, 372 US 335 (1963) upheld right to assistance of counsel.

Eighth Amendment (partially incorporated)

• Robinson v. California, 370 US 660 (1962) ruled that imprisonment for addiction (only) was cruel and unusual punishment.

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