Issue- Whether the 5th Amend. against double jeopardy is forbidden with the states through the 14th

ordered liberty. only some of the Bill of Rights guarantees are absorbed by the 14th, double jeopardy is not.

overruled in Benton v. Maryland

Ordered Liberty

Only the fundamental rights of the first 8 Amend. are protected from state encroachment

Issue- Whether the 6th Amend. right to a jury trial in criminal cases is absorbed by the 14th Amend.

Ordered Liberty. Trial by juru in criminal cases are "fundamental to the American scheme of justice"

Justice Black

only the first 8 Amend. are incorporated under the 14th Amend.

The first 8 Amend. are protected but other fundamental rights not listed in the Bill or Rights may also be included

Issue-Does the Constitution protect the rights of marital privacy against state restrictions on a couple's ability to be counseled on the use of contraceptives

Ultra-incorporationists. The right to privacy is found in the penumbras of the Amend.

Decision- Yes, Connecticut state law conflicts with the penumbras

Issue- Does the Constitution embrace a woman's right to terminate her pregnancy by abortion

Substantive Due Porcess. Right of privacy protected where state law tries to infringe on that right

Decision- law overturned. Decision gave woman autonomy during the first trimester

Issue- Is a defendant's Fifth Amendment right not to bear witness against himself applicable in state courts and protected by the Fourteenth Amendment's due process clause?

Court found that the fifth Amend. was not absorbed by the 14th.

Overruled by Griffin v. California

Issue- Is the Act of Congress prohibiting the mailing of firearms "capable of being concealed on the person" to be unconstituionally vague

So vague that it violated the Due Process Clause of the 5th Amend.

Court of Appeals is Reversed