"but I'm not OK with the concept that its a constitutional right."
We have NO Constitutional Rights. What we have is a document which grants government certain power to do a (VERY) few things in our names and on our behalf. We have a Bill of Rights appended to that document as a "for example" of areas we have NOT granted government any authority to act. In the Ninth and Tenth amendments we FURTHER restrict the government. We, the People, retain ALL OTHER AUTHORITY and our INDIVIDUAL RIGHTS, which are to be PROTECTED by the government, which is why we initiated the United States in the first place.
You've come late to the discussion and I don't have the time or inclination for the remedial work of bringing you up to speed. You're wanting to counter an argument I'm not making. Please read my posts, its all there.