This is the top Google result for “fire in a crowded theater”: https://www.theatlantic.com/national/archive/2012/11/its-tim...
Be careful about so willingly giving up your right to self-ownership.
You may not ever get it back.
Apply that to other rights like the right to bear arms. If government couldn’t set standards and people could procure any weapon, how does society function? How does air travel even exist with people owning anti aircraft missiles.
That’s why our founders made our constitution a living document with courts interpreting the constitution and balancing individual rights with our collective rights.
The founders were purposefully vague in several areas of the constitution because they absolutely did want circumstances to determine interpretation, however they were not vague at all about delegated and reserved powers. These things are not "living" in a sense of judicial review.
By "living" document, it was intended that the constitution could be modified by an amendment process. There was never a provision for judicial review.
In fact, then entire concept of judicial review arose from Marbury vs Madison [1] where the court claimed this power.
The purpose of the U.S. Constitution, and one of the things that makes it unique in history, is to limit the powers of the government. The founders believed that individual rights were innate (granted by God), not granted by government and certainly not granted by the federal government.
All powers other than those specifically Delegated to the federal government are reserved for the States - the 10th Amendment makes this clear.
It is not the role of the federal government to decide on "greater good" mandates, those powers are very specifically reserved for the states, who are constrained on what they may do by the Constitution and its amendments.
We, as a country, have allowed the federal government to overstep this in many areas. The DEA, for example, only exists because of a very bad interpretation of the Interstate Commerce Clause, which arose from a bad Supreme Court decision (Wikard vs Filburn)[2] about whether or not you were allowed to grow your own wheat.
