Incorporation is the process of applying the provisions of the Bill of Rights to the states through the Fourteenth Amendment. This process has been going on for over a century since the amendment was ratified in 1868. However, there are still some rights that have not been fully incorporated.

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What rights have not been incorporated?
As a note, the Ninth Amendment and the Tenth Amendment have not been incorporated, and it is unlikely that they ever will be. The text of the Tenth Amendment directly interacts with state law, and the Supreme Court rarely relies upon the Ninth Amendment when deciding cases.
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A right must be fundamental to the American legal system and firmly ingrained in the culture and traditions of the country in order to qualify for incorporation. The right must also be required for the maintenance of democracy and the defense of individual liberty.

The right to a grand jury indictment in state criminal matters is one entitlement that hasn’t been fully implemented. In federal cases, the Fifth Amendment ensures this privilege, but the Supreme Court has ruled that it does not apply to the states. This indicates that a prosecutor may file charges against a person in some states without submitting the evidence to a grand jury.

The right to a unanimous jury verdict in state criminal trials is another principle that has not been fully implemented. In federal proceedings, the Sixth Amendment provides this right, however some states permit convictions based on a jury verdict that was not unanimous. As a result, even if some jurors believe the defendant is innocent, they may still be found guilty.

Another right that has not been completely included is the right to a public trial. In federal cases, the Sixth Amendment ensures this privilege; yet, certain states permit closed or partially closed trials. This can hide what is going on in the courtroom from the general public and result in injustices. The right to a prompt trial has also not been completely implemented. In federal cases, the Sixth Amendment ensures this privilege, but some states do not have fixed deadlines for starting a trial. This may lead to people being detained without charge for a long period of time.

As a result, incorporation is a continuous process, and some rights are remain partially unincorporated. To guarantee that everyone receives an equal level of legal protection, it is conceivable that these rights will eventually be included as the Supreme Court continues to hear cases and issue rulings.

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