All laws infringe on someone's rights in some way. The Constitution laid out some agreed upon basic rights which we (the government, the people) will work to favor for each other. Freedom of speech versus freedom from hearing "offensive" speech. The Constitution doesn't say our government can't search us or our home, but places rules on what the government needs to do in order to do so.
It's why "Justice" is shown holding a balance, because enforcement of all man made laws involve weighing opposing interests.
All laws infringe on someone's rights in some way. The Constitution laid out some agreed upon basic rights which we (the government, the people) will work to favor for each other. Freedom of speech versus freedom from hearing "offensive" speech. The Constitution doesn't say our government can't search us or our home, but places rules on what the government needs to do in order to do so.
It's why "Justice" is shown holding a balance, because enforcement of all man made laws involve weighing opposing interests.
What? "Freedom from hearing "offensive" speech"? That doesn't make any sense.
Look, you're making this much more complicated than it really is. Free men have rights. The Constitution was written to show exactly where the government can infringe upon those rights. It is a complete list of governmental powers, not a list of rights. If the government is not given the power in the Constitution to regulate something, then it has no authority to do so.
The Founders wrote it in very clear language, and I'm staggered that Scalia can't or doesn't want to see it.