Incorporation: Difference between revisions
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==State action doctrine== | ==State action doctrine== | ||
'''State action doctrine''' means that private parties can't normally be required to abide by the first 10 Amendments to the US Constitution. Thus, the first 10 Amendments may be said to not have been "incorporated" against private entities. | '''State action doctrine''' means that private parties can't normally be required to abide by the first 10 Amendments to the US Constitution. Thus, the first 10 Amendments may be said to not have been "incorporated" against private entities. | ||
Examples of limits on private entity conduct include | |||
# 13th Amendment's ban on slavery or involuntary servitude by private individuals | |||
# 18th Amendment's repealed ban on liquor production and consumption | |||
# federal laws against narcotics production and consumption by private individuals | |||
==See also== | ==See also== | ||
*[[Criminal_Procedure_Dressler/Outline#Incorporation]] | *[[Criminal_Procedure_Dressler/Outline#Incorporation]] | ||
*[[Constitutional_Liberties#Incorporation]] | *[[Constitutional_Liberties#Incorporation]] | ||
Revision as of 20:08, December 12, 2022
In the context of the United States Constitutional law, incorporation refers to applying the first 10 amendments of the US Constitution to the state and local governments in the United States.
As of year 2023, the 3rd, grand jury indictment clause of the 5th, and the 7th Amendments don't apply to the states.
State action doctrine
State action doctrine means that private parties can't normally be required to abide by the first 10 Amendments to the US Constitution. Thus, the first 10 Amendments may be said to not have been "incorporated" against private entities.
Examples of limits on private entity conduct include
- 13th Amendment's ban on slavery or involuntary servitude by private individuals
- 18th Amendment's repealed ban on liquor production and consumption
- federal laws against narcotics production and consumption by private individuals
