What does Selective Incorporation prevent states from doing?

Study for the FCLE Court Cases and Amendments Exam. Utilize flashcards and multiple-choice questions, each with hints and explanations. Prepare thoroughly for your test!

Selective incorporation is a constitutional doctrine that ensures that certain fundamental rights and freedoms listed in the Bill of Rights are applied at the state level through the Fourteenth Amendment's Due Process Clause. Specifically, it prevents states from infringing on those rights that have been determined to be essential to the concept of ordered liberty.

The correct answer reflects this principle, as it emphasizes the protection of individual rights against state interference. For example, rights such as freedom of speech, the right to a fair trial, and protection against unreasonable searches and seizures are among those that have been selectively incorporated, preventing states from enacting laws that would violate these essential freedoms.

The other choices, while relating to government powers, do not fit the context of selective incorporation. Regulating commerce, collecting taxes, and enacting laws on immigration pertain to areas of state power and authority rather than rights of individuals as outlined in the Bill of Rights. Thus, selective incorporation specifically addresses the limitations placed on states regarding individual rights, making the answer about preventing infringement on those rights the most accurate.

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