Appendix 2

Incorporation of (Applying) the Bill of Rights to State and Local Governments

Please note: The Supreme Court has not incorporated Amendment III, the grand jury requirement of Amendment V, Amendment VII, and the protection against “excessive fines” and “excessive bail” found in Amendment VIII. Amendment IX and X are by content not applicable for incorporation.

Amendment Right Case Date
I Freedom of Speech Gitlow v. New York 1925
I Freedom of the Press Near v. Minnesota 1931
I Freedom of Assembly DeJonge v. Oregon 1937
I Free Exercise Clause Cantwell v. Connecticut 1940
I Establishment of Religion Everson v. Board of Education 1947
I Freedom of Association NAACP v. Alabama 1958
I Right to Petition Government NAACP v. Button 1963
II Right to Bear Arms District of Columbia v. Heller
McDonald v. Chicago
IV No Unreasonable Search and Seizures Wolf v. Colorado 1949
IV Exclusionary Rule Mapp v. Ohio 1961
V Guarantee of Just Compensation Chicago, Burlington, and Quincy RR v. Chicago 1897
V Immunity from Self-Incrimination Mallory v. Hogan 1964
V Immunity from Double Jeopardy Benton v. Maryland 1969
VI Right to Counsel in Capital Cases Powell v. Alabama 1932
VI Right to Public Trial In Re Oliver 1948
VI Right to Counsel in Felony Cases Gideon v. Wainwright 1963
VI Right to Confrontation of Witnesses Pointer v. Texas 1965
VI Right to Impartial Jury Parker v. Gladden 1966
VI Right to Speedy Trial Klopfer v. North Carolina 1967
VI Right to Compulsory Process for Obtaining witnesses Washington v. Texas 1967
VI Right to Jury Trial for Serious Crimes Duncan v. Louisiana 1968
VI Right to Counsel for All Crimes Involving Jail Terms Argesinger v. Hamlin 1972
VIII Freedom from Cruel and Unusual Punishment Robinson v. California 1962


Linberg, D. (2012). Exploring constitutional conflicts: The incorporation debate. Retrieved from

Lowi, T., Ginsberg, B., Shepsle, K., & Ansolabehere, S. (2010). American government: Power and purpose (11th ed.), New York, NY: W. W. Norton & Company.

Wikipedia. (2012). Incorporation of the Bill of Rights. Retrieved from