The people are doing all kinds of things that the law expressly prohibits. The Gummint is powerless to enforce most of the laws it creates if the people don't go along with it, and this was known to be the result even in the days of Aristotle. Aristotle said that a constitution must be compatible with the will of the people or the constitution will be ignored and replaced. Now, the situation we have is evidently possible since we have it. Another example is the existence of the modern corporation as a legal person. Where did that hugely monstrous part of the economy come from? Corporations are not expressly mentioned in the Consitution. The entire country has been divided up into real estate properties, yet the Constitution does not expressly mention private property rights. The West was populated, half the population living there by 1840 even though FedGov wanted nobody there at all except according to plan. What is the point of the FedGov's existence, which was the reason for the present Constitution, if the people are intending to ignore the FedGov whenever possible? FedGov didn't create private property, but was forced to acknowledge it, and in Kelo still wants to play around with the concept.
I totally agree with John Locke's political theory or many call his philsophy when it comes to Social Contract. As for property rights, there have been all kinds of congressional legislation when it comes to property rights.