Legal glossary

Incorporation doctrine

Incorporation doctrine: The process by which the Supreme Court has held that most rights in the Bill of Rights bind the states through the Due Process Clause of the Fourteenth Amendment. Examples include free speech (Gitlow v. New York, 1925), jury trial in criminal cases (Duncan v. Louisiana, 1968), the right to keep and bear arms (McDonald v. City of Chicago, 2010) and the Excessive Fines Clause (Timbs v. Indiana, 2019).

Incorporation doctrine — a magnifying glass over legal documents

What incorporation doctrine means

In short, incorporation doctrine is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where incorporation doctrine comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

Read the source: Bill of Rights.

How to research the term

To research incorporation doctrine, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the current federal court rules online for free.

Related legal terms

  • In forma pauperis: proceeding without prepaying court fees because of inability to pay.
  • In pari materia: latin for "on the same subject." The canon that statutes dealing with the same subject are read together, because "a legislative body generally uses a particular word with a consistent meaning in a given context" (Erlenbaugh v. United States, 409 U.S. 239, 243 (1972)).
  • In propria persona: latin for "in one's own person." Appearing in court for yourself, without an attorney. Also called pro per or pro se.
  • Incompetent: lacking the legal or mental ability to do something.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.

Sources

Sources last reviewed: 2026-10-24

Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.