Bwa ha ha. Highway speed limits aren't authorized by the Constitution. Does that make them extra-constitutional? You're being ridiculous.
So you think there should be NO copyright protection for music whatsoever? That's a hoot? You'll see the creation of music disappear quicker than Anna Nicole Smith's new TV show.
And as to music, did Bach, Mozart, Ludwig von Beethoven, and Brahms? Did they get copyrights?