interesting point! so let's say the US gov't passes a law restricting individual citizens from having and/or distributing a cryptography technology. as a citizen who is prosecuted under this law, I call the ACLU and EFF for help, and they agree to jointly defend me.
Which amendment(s) form the basis of our claim that this law is unconstitutional?
Some hardware crypto implementations are still export-restricted. http://www.bis.doc.gov/encryption/default.htm