Quote:
Originally Posted by Spunt Drag
The language in the 2nd sentence is probably for Martial law purposes. If a city is declared under martial law, you have no more rights as you know it. Not to say I agree with it.
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The language in the second sentence essentially protects the first sentence. If you simply left the first sentence by itself, courts could easily say that "fundamental" does not necessarily require a "strict scrutiny" level of review -- meaning they could revert to either the current level -- rational basis (which is zero protection for a fundamental right) -- or intermediate scrutiny (a rights-eroding step below "strict scrutiny). We want to make sure that the fundamental right is giving the strongest protections.