Are your REALLY this obtuse or are you just arguing for the sake of aruging? The US Constitution is NOT a list of "rights" of the individual (or of the states, for that matter). It is a SET limit on the powers of the GOVERNMENT! Try the 10th Amendment or, better yet, try reading Bastiat's The Law. It might help you to better understand why we have any "laws" to begin with (here's a hint: laws are NOT to protect the DESIRES/WISHES of the masses).
Sorry, no cigar. Amendments to the constitution have been made proving that the Constitution by itself is subject to review and change by the means provided in the document itself. Smokers say that smoking is a constitutional right, therefore, it is not out-of-line to ask just where the constitution lists smoking as a right. A method of creating laws is legal by constitutional means. At the moment, even court decisions are used to create a body of laws. Like it or not, that is the situation.