[Unknowing]

"Or should we presume that any restriction on the rightful exercise of liberty is unconstitutional unless and until the government convinces a hierarchy of judges that such restrictions are both necessary and proper?"

Yes, restrictions if and only if necessary to further a compelling proper governmental interest.

The only proper governmental interest as I recall, is to secure the unalienable rights and the blessings of liberty for the governed, with the consent and participation of those governed.

So, IMHO, restrictions on liberty are fine, but only if such restrictions are compelling, and only if they would actually help further secure our rights and enlarge the scope of liberty for everyone.

Restrictions beyond this narrow exception illegally countermand the Constitution and Declaration of Independence -- they tyrannically countermand fundamental American law.

Therefore, most of the accrued "legal" restrictions on our liberty will have to be repealed or held void.

[tpaine]

Well said.