[Protagoras]

Some rights are both. But it is more about power than right. Government has no legitimate power over non rights violating behavior.

[weegee]

Some rights are both.

Explain.

A constitutional right means that the right to "X" of all US citizens is protected from government control.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Now how can a right be there for the states to choose to permit or prohibit (this is "states rights") and be a constitutional right?