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[edit | edit source]
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 American 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- 18th Amendment's repealed ban on liquor production and consumption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
- federal and state laws against voluntary prostitution by private adults
Even though SCOTUS changed its stance in the 1900s, in The Civil Rights Cases in 1883, SCOTUS held that the 14th Amendment doesn't apply to private businesses.