|photo courtesy Brussels Bulletin|
The problem is that the Constitution says that it and any laws enacted in accordance with it are law. Thus, "God Given rights" are an illusion if they are not constitutionally enacted.
Also, I should explain that the term "pre-existing right" comes from common law tradition and rights granted from that tradition. The US did not start out with a legal system created from scratch: it "received" the common law system. Thus, one needs to look to the common law for how those rights have been treated prior to the US's independence from Britain.
On the other hand, the French had to create rights when they had their revolution.
The point I am trying to make is for someone to claim a right, they must have an actual legal basis for making that claim--not merely that some deity granted it. This is especially true in the US which is a secular society.