Alexander Hamilton warned us a long time ago about the arguments that would be made right here in this blog, that when the Constitution is silent, the majority can override rights. From Federalist 84:
I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colourable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why for instance, should it be said, that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?
I have long found it interesting that Justice Scalia, a self-professed devotee of the Federalist Papers who thinks that all Americans should read them, appears to take Hamilton’s words as directions, rather than a warning.