[976] 177 U.S. 155 (1900).
[977] 207 U.S. 188 (1907).
[978] Graham v. West Virginia, 224 U.S. 616, 623 (1912).
[979] 302 U.S. 319 (1937).
[980] In a lengthy dictum, Justice Cardozo, speaking for the Court, rejected the defendant's view that "Whatever would be a violation of the original bill of rights (Amendments One to Eight) if done by the federal government is now equally unlawful by force of the Fourteenth Amendment if done by a state." By a selective process of inclusion and exclusion, he conceded that "the due process clause of the Fourteenth Amendment may make it unlawful for a state to abridge by its statutes the freedom of speech which the First Amendment safeguards against encroachment by the Congress, * * * or the like freedom of the press, * * * or the free exercise of religion, * * * or the right of peaceable assembly * * *, or the right of one accused of crime to the benefit of counsel." However, insofar as such "immunities, [which] are valid as against the Federal Government by force of the specific pledges of particular amendments, have become valid as against the States," that result is attributable, not to the absorption by the due process clause of the Fourteenth Amendment of particular provisions of the Bill of Rights, but to the fact that such immunities "have been found to be implicit in the concept of ordered liberty * * *" protected by that clause.—Ibid. 323, 324-325.
[981] Justice Butler dissented without an opinion.
[982] 320 U.S. 459, 462, 463 (1947).—In line with its former ruling in Graham v. West Virginia, 224 U.S. 616 (1912), the Court reiterated in Gryger v. Burke, 334 U.S. 728 (1948), that a life sentence imposed on a fourth offender under a State habitual criminal act is a stiffened penalty for his latest offense, which is considered to be an aggravated offense because a repetitive one, and is therefore not invalid as subjecting the offender to a new jeopardy.
[983] Ex parte Hull, 312 U.S. 546 (1941).
[984] White v. Ragen, 324 U.S. 760 n. 1 (1945).
[985] McKane v. Durston, 153 U.S. 684, 687 (1894); Andrews v. Swartz 156 U.S. 272, 275 (1895); Murphy v. Massachusetts, 177 U.S. 155, 158 (1900); Reetz v. Michigan, 188 U.S. 505, 508 (1903).