Gary, 

We are a representative republic with inalienable rights that do not need to be granted. We a are born with them as individuals. The Constitution actually grants limited powers from the People to the federal government, not rights to people. 

Take the argument against smokers and instead of non-smokers substitute the words "southern whites" and replace smokers with "black people" and second hand smoke with "body odor and germs" and some of the arguments put forward would have fit in with defending white lunch counters and "separate but equal" by an early 60's dixiecrat. The Constitution and Bill of Rights are about protecting individual rights even if that individual is the member of an unpopular and disadvantaged minority.