My point was that since no law can guarantee someone won't break it (or at least try to), using that as a standard for drafting the legislation in the first place isn't terribly realistic

Well, you mentioned murder in your range of comparables as if it were something different from the target crime he was discussing. I understood his standard to be that no legislation should be enacted if it erodes a constitutional right but doesnít deal with the problem for which itís introduced.