Powell was followed by the Court's decision in Brown v. Mississippi which threw out the coerced confession of a defendant in a state criminal case and was a harbinger of what would occur in the early 1960's by the Supreme Court led by Chief Justice Earl Warren (Brown v. Mississippi, 1936).
The Warren Court began to exercise its influence on the area of Constitutional Law in the late 50's as they began applying what became known as the doctrine of "selective incorporation." Under this doctrine, the Court began to apply the rights contained in the Bill of Rights to the states on a case by case basis until nearly all such rights were applied to the states on the same basis as they applied to the federal government.
The breakthrough case for this approach came in the case of Mapp v. Ohio (Mapp v. Ohio, 1961). In Mapp, the majority of the Court ruled that the full Fourth Amendment and the exclusionary rule forbidding the use of illegally seized evidence applied to the states via the due process clause. Once Mapp was decided, the Supreme Court began to issue a series of decisions that gradually applied the remaining amendments that constituted in the Bill of Rights to the states. In Robinson v. California (Robinson v. Calfornia, 1962), the Eighth Amendment (cruel and unusual punishment), in Gideon v Wainwright (Gideon v. Wainwright, 1963), the Sixth Amendment (assistance of counsel), in Malloy v. Hogan (Malloy v. Hogan, 1964) the Fifth Amendment (self-incrimination), and in Pointer v. Texas (Pointer v. Texas, 1965) the Sixth Amendment right to confront and cross-examine witnesses was applied to all state actions. By the time that the Warren Court had completed its term, the only rights contained in the Bill of Rights that had not been extended to the states by the Supreme Court were the provisions of the Second and Third Amendments and limited provisions of the Fifth, Seventh and Eighth Amendments.
References
Barron v. Mayor of Baltimore, 32 U.S. 243 (U.S. Supreme Court February 16, 1833).
Brown v. Mississippi, 297 U.S. 278 (U.S. Supreme Court February 17, 1936).
Gideon v. Wainwright, 372 U.S. 335 (U.S. Supreme Court March 18, 1963).
Hurtado v California, 110 U.S. 516 (U.S. Supreme Court March 3, 1884).
Malloy v. Hogan, 378 U.S. 1 (U.S. Supreme Court June 15, 1964).
Mapp v. Ohio, 367 U.S. 643 (U.S. Supreme Court June 19, 1961).
Pointer v. Texas, 375 U.S. 293 (U.S. Supreme Court April 5, 1965).
Powell v. Alabama, 287 U.S. 45 (U.S. Supreme Court November 7, 1932).
Rakove, J.N. (1985). James Madison and the Bill of Rights. Washington, D.C.: American Political Science Association and American Historical Association.
Robinson v. Calfornia, 370 U.S. 660 (U.S. Supreme Court June 25, 1962).
The Butcher's Benevolent Association of New Orleans v. The Crescent City Live-Stock Landing and Slaughter-House Company, 83 U.S. 36 (U.S. Supreme Court April 14, 1873).
Weeks v. United States, 232…
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