You have made the same mistake that many do by assuming the the rights, privileges and immunities guaranteed in our constitution are exclusive and cast in stone. I invite you to read the Constitution more carefully. It is a social contract between  "WE THE PEOPLE" and the various branches of our government. We have consented to be governed by our government subject to certain terms and conditions.

Please read the Ninth Amendment...

• Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people

The founding fathers were intelligent enough to realize that what sufficed in the 18th century may not in the 21st century. Possibly motivated by the legal doctrine of " Inclusio Unius....Exclusio Altaris" (To include one excludes the alternative).

Constitutional Rights are what "We the People" decide they are. When our elected officials fail to represent the rights of their constituencies they need to be removed from office by whatever legal procedure is provided. Here in Connecticut there is already a movement to remove Joe Lieberman from office for opposing the Public Option.. Unfortunately, there is no legal mechanism for it, and we will have to suffer with him for another two years when his term expires.

So, in answer to your question...THE PEOPLE certainly have the right to determine what is or is not constitutionally protected.