[Bobsat]

It is a rational continuum which, broadly speaking, includes a freedom from all substantial arbitrary impositions and purposeless restraints, . . . and which also recognizes, what a reasonable and sensitive judgment must, that certain interests require particularly careful scrutiny of the state needs asserted to justify their abridgment.

Purposeless restraints. Excellent key concept!

Thanks.

[inquest]

It's also one of the key pretexts for usurpation of federal power. This way, courts get to demand that states justify all of their laws as fulfilling some legitimate need, and if the courts don't accept your justification, too bad. Alexander Hamilton thought the country's name should be the United State of America. Nowadays, that would certainly seem to be truth in advertising.

[tpaine]

Purposeless restraints. Excellent key concept! Thanks.

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Exactly. - I found that quote while trying to establish that the 14ths 'due process', in effect, - re-enforces the concept that prohibitive law on all types of property is unconstitutional without amendment.

It stands to reason that if the state cannot deprive a person of "-property, without due process-" that prohibitions on certain types of essentially harmless guns, drugs, pictures, etc, -- are 'purposeless restraints'.