What people seem to forget about the Constitution

It doesn't restrict the rights of the people, it only restricts the powers of the government. Just because a "right" is not enumerated doesn't mean we don't have it. Oh that damn Bill of Rights:

Amendment IX - Construction of Constitution. Ratified 12/15/1791.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X - Powers of the States and People. Ratified 12/15/1791. Note

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.