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Then it dropped the footnote that has since graced every textbook on constitutional law: "There may be narrower scope for operation of the presumption of constitutionality when legislation appears on its face to be within a specific prohibition of the Constitution, such as those of the first ten Amendments." In other words, if the right is listed in the Constitution, like the right to bear arms, it comes within the Constitution's full protection, while unenumerated rights are left to the mercy of regulators

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