It's not a theory...
If the constitution does not not express certain scenarios then it is allowed or permitted.
For example, our state laws permits the carry of concealed weapons with a permit. However, it does not state anything about openly carrying a weapon. Therefore, Michigan citizens has a right to carry a weapon openly.
Our Founding Fathers saw that certain issues will arise. This is why the constitution allocate for Amendment. If you don't like it, then change the Amend the Constitution.
Otherwise deal with it.
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