The Constitution is not the origin of rights, nor a grant of permission for their exercise.
Bill of Rights, Article 9: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Bill of Rights, Article 10: 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.
Respectively..