Unlike the dictatorships that the founders escaped, our founding document(s) make the assumption that people are intelligent, self driven and caring and are capable of the effective application of their god given rights as laid out in the Constitution. ONLY when it has been proven in court that a person has abused those rights can the court take ANY of our rights away.
While it is true that we have agreed that the application of our rights are not unlimited, (yelling fire in a crowded theater, discharging a firearm in town, etc,) we are born with those rights and the government has no authority to legislate away ANY of our rights without amending the constitution.The real issue is that our legal system spends insane amounts of time refining "is" looking for obscure definitions to enable the overall degradation of the Constitution and would support the further intrusion of Government into our lives.
The tragedy is that the SCOTUS is running down this same path and is legitimizing the anti-constitution movement. During the conversation about obamacare there were all types of conversations about weather the commerce clause allowed the government to take over the insurance industry but there was never a conversation about the impact of the take over on the lives of the citizenry so there was no consideration of protecting citizens from the government. The SCOTUS is way off track and the damage is not going to be repairable.
I have committed no crime, yet the state wants to declare me a criminal with no trial and is seeking to legislate my constitutional rights away.