IANAL, but the US Constitution does not GRANT any rights. It notes that "We hold these TRUTHS to be self evident, that all men are CREATED equal, that they are endowded by THEIR CREATOR with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness."
The Constitution, specifically the Bill Of Rights, PROTECTS these rights from being infringed by the government. It does not grant them.
A minor but important point that is often overlooked.
At least that's what they taught me in the Old School.