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The Constitution is SUPPOSED to limit government, Federal and state law. The tort system is designed to prevent harm, and make people whole after they are damaged by misuse of liberties. For instance Libel and Slander, tort principals, are the remedies for misuse of Free Speech.
The Federal government has NO place limiting First or Second Amendment issues, period. The concept is the states, with their laws in both the tort system, and criminal system, were supposed to be the regulators for stopping harm done to citizens, NOT the Federal government.
Slavery screwed that system up, as it has done to many other Constitutional rights, by extending the BORights against the states, through Equal Protection, and the 14th Amendment. The Supreme Court gutted that with the Slaughterhouse cases, and now, nearly 130 years later, we are finally facing that the Amendment did incorporate the BORights against the States as well. The system has required the Supreme Court to 'judge' if the BORights amendments, individually, applied against the states. That was NOT the intent of the 14th amendment, but, that's how the court went about using it.
Ruling that the 2nd Amendment is an individual right, which Heller represents, and, that government regulation of the area is 'reasonable' is NOT a logical representation of the law, but, a neccesary one to finally get the area of law changed.
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