[SgtofMarines]

I think the underlying question is: What defines a "substantial arbitrary imposition" or "purposeless restraint"?

[tpaine]

I think the underlying question is: What defines a "substantial arbitrary imposition" or "purposeless restraint"?
-sgt-

Common sense.
Infringments on our liberties as outlined in our constitution are fairly obvious to most of us.

Those who quibble on technicalities, have other, - imo usually anticonstitutional, -- political agendas.

[demosthenes the elder]

well, there IS the crux.
acc. to my brother - a (former) lawyer - the law IN PRACTISE means what the judge says it means.