There’s no such thing as “human rights” in the constitution only unenumerated rights which are rights not listed anywhere else in the constitution or state legislatures. This is how Madison described it, not me.
If the state has the power then how is it a right?
It’s a right ONLY when there’s no binding legislation. Madison clearly said there was to be no listing of rights in the constitution because there would be TOO MANY to “enumerate” and was concerned the if a particular right was not enumerated then the state could use its absence as justification for being against the law.
It’s a simple concept, hope you understand now.