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Old December 21, 2019, 05:52 AM   #5
Spats McGee
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Join Date: July 28, 2010
Location: Arkansas
Posts: 8,538
Quote:
Originally Posted by Bartholomew Roberts View Post
The thing is, in theory at least, a constitutionally protected right can’t be burdened unless there is both a compelling state interest in the restriction and the restriction is tailored to the minimum necessary to achieve the goal.* . . . .

* I’m summarizing my vague memory of Con Law from many years ago without actually taking the time to look it up.
A quick Constitutional Scrutiny summary:
  1. Rational Basis: There has to be a rational basis for a law covering something in which the gov't has some legitimate interest.
  2. Intermediate Basis: There has to be an important gov't interest and a substantial relationship between a law and that interest.
  3. Strict Scrutiny: There has to be a compelling gov't interest and the law must be narrowly tailored to that interest.

A good, simple post on this is here: https://blogs.findlaw.com/law_and_li...explained.html
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