Yeah right. The birther "constitutionalists" were remarkably silent when Bush unconstituionally launched UNDECLARED wars against Afghanistan and iraq. They are also silent when Bush called for suspension of constitutional right of habeas corpus of an American citizen. They were also silent when The Donald, and others, attacked the constituional free speech rights of Americans who wanted to build a mosque.
Building a mosque on or near Ground Zero was a recognized right by virtually everyone. The issue was one of appropriateness, not rights.