Do You Need a Constitutional Amendment to Detain People?

Judge Hoe's concurrence is worth a mention here. He says our founders understood that those who commit or threaten violence against innocent law-abiding citizens may be arrested, convicted, and incarcerated. So in the government detains and thereby disarms a member of our community, it must do so consistent with the fundamental protections that our Constitution affords to those accused of a crime. Our decision today is consistent with that vision.