It takes somebody who really knows what he's doing the better part of a minute to shoot and reload a musket. Longbows are faster, but they can still only launch one arrow at a time.
You have to wonder if the doctrine of habeas corpus, first developed in English Common Law and later enshrined in ours, would be as unconditional had bad guys in those days cared nothing for their own lives and could get their hands on weapons that were capable of annihilating large swaths of the population.
Much as we revere our rights, we live in a tricky new age. Would you want to be the one who stood on principle and sprang some nutball who later came back with a suitcase nuke and laid waste to one of our cities? All of our civil rights advocates would come down with a sudden case of laryngitis while everybody else screamed for your head.
There is one good thing about lawyers: if you pay a smart one enough, he'll figure out a legal path through any thorn bush. I understand they're hiring some pretty sharp ones right now in the Obama Justice Department.