[Cite as Knapp v. Schweitzer, 357 U.S. 371, 378 n.5 (1958). NOTE: This decision concerns a Teamster union member granted immunity from prosecution for testifying in a state court. The union member refused to testify on Fifth Amendment grounds that he was not immunized against federal prosecution. He was held in contempt because the Fifth Amendment applied only to federal court and not the states. The Supreme Court agreed. In a footnote, the Court observed that "[b]y 1900 the applicability of the Bill of Rights to the States had been rejected in cases involving claims based on virtually every provision of the first Articles of Amendment." The Court provided a lengthy list of these claims and included Cruikshank for "assemble and petition the government" and "right to keep and bear arms." (P. 378 n.5) This indicates the Court in 1957 felt the claim of injury in Cruikshank, which was unrelated to the militia, was a indeed a claim "based on [a] provision in the first eight Articles of Amendment" thereby believing it was applicable in that case of purely individual exercise (notwithstanding the federal government's lack of authority to enforce protections).]
[Knapp v. Schweitzer continued
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Currently at page 378 (Majority opinion cont.).
Proceed to pages 379-385 (Majority opinion cont., dissenting and concurring opinions).]
While the adoption of the Fourteenth Amendment in 1868 did not change the distribution of powers between the States and the Federal Government so as to withdraw the basic interests of criminal justice from the exclusive control of the States, it did impose restrictions upon the States in the making and in the enforcement of the criminal laws. It did this insofar as the "fundamental principles of liberty and justice which lie at the base of all our civil and political institutions," Hebert v. Louisiana, 272 U.S. 312, 316; Palko v. Connecticut, 302 U.S. 319; Malinski v. New York, 324 U.S. 401, 412-416, with 438, are implied in the comprehensive concept of due process of law. But this concept does not blur the great division of powers between the Federal Government and the individual States in the enforcement of the criminal law.
Generalities though these observations be, they bear decisively on the issue that has been tendered in this case. To yield to the contention of the petitioner would not only disregard the uniform course of decision by this Court for over a hundred years in recognizing the legal autonomy of state and federal governments.[378.5] In these [paragraph continues next page]
[Return to pages 371-377 (Majority opinion).
Currently at page 378 (Majority opinion cont.).
Proceed to pages 379-385 (Majority opinion cont., dissenting and concurring opinions).]
[378.5] By 1900 the applicability of the Bill of Rights to the States had been rejected in cases involving claims based on virtually every provision in the first eight Articles of Amendment. See, e.g., Article I: Permoli v. Municipality No. 1, 3 How. 589, 609 (free exercise of religion); United States v. Cruikshank, 92 U.S. 542, 552 (right to assemble and petition the Government); Article II: United States v. Cruikshank, supra, at 553 (right to keep and bear arms); Article IV: Smith v. Maryland, 18 How. 71, 76 (no warrant except on probable cause); Spies v. Illinois, 123 U.S. 131, 166 (security against unreasonable searches and seizures); Article V: Barron v. Baltimore, note 2, supra, at 247 (taking without just compensation); Fox v. Ohio, 5 How. 410, 434 (former jeopardy); Twitchell v. Pennsylvania, 7 Wall. 321, 325-327 (deprivation of life without due process of law); Spies v. Illinois, supra, at 166 (compulsory self-incrimination); Eilenbecker v. Plymouth County, 134 U.S. 31, 34-35 (presentment or indictment by grand jury); Article VI: Twitchell v. Pennsylvania, supra, at 325-327 (right to be informed of nature and cause of accusation); Spies v. Illinois, supra, at 166 (speedy and public trial by impartial jury); In re Sawyer, 124 U.S. 200, 219 (compulsory process); Eilenbecker v. Plymouth County, supra, at 34-35 (confrontation of witnesses); Article VII: Livingston's Lessee v. Moore, 7 Pet. 469, 551-552 (right of jury trial in civil cases); Justices v. Murray, 9 Wall. 274, 278 (re-examination of facts tried by jury); Article VIII: Pervear v. Massachusetts, 5 Wall. 475, 479-480 (excessive fines, cruel and unusual punishments).