Palko v. Connecticut

Palko v. Connecticut
Supreme Court of the United States
Argued November 12, 1937 Decided December 6, 1937
Full case name	Palko v. State of Connecticut
Citations	302 U.S. 319 (more) 58 S. Ct. 149; 82 L. Ed. 288; 1937 U.S. LEXIS 549
Case history
Prior	State v. Palko, 122 Conn. 529, 191 A. 320 (1937); probable jurisdiction noted, 58 S. Ct. 20 (1937).
Holding
The Fifth Amendment right to protection against double jeopardy is not a fundamental right incorporated by the Fourteenth Amendment to the individual states.
Court membership
Chief Justice Charles E. Hughes Associate Justices James C. McReynolds · Louis Brandeis George Sutherland · Pierce Butler Harlan F. Stone · Owen Roberts Benjamin N. Cardozo · Hugo Black
Case opinions
Majority	Cardozo, joined by McReynolds, Brandeis, Sutherland, Stone, Roberts, Black
Dissent	Butler
Laws applied
U.S. Const. amend. V, U.S. Const. amend. XIV
Overruled by
Benton v. Maryland, 395 U.S. 784 (1969)

Palko v. Connecticut, 302 U.S. 319 (1937), was a United States Supreme Court case concerning the incorporation of the Fifth Amendment protection against double jeopardy.^[1]

Justice Benjamin Cardozo, writing for the majority, explained that some Constitutional protections that would apply against the federal government would not be incorporated to apply against the states unless the guarantee was "implicit in the concept of ordered liberty".^[2] Incorporation of the Bill of Rights was selective, not a general rule, and in this case the Court declined to incorporate the protection from double jeopardy against the states, even though the protection would most certainly have been upheld against the federal government.^[3]