In the Liberal mind, the idea of "Constitutionality" fits if you only apply it to authorized entities.
The right to bear arms is hereby restricted to the "organized militia"---the army, the cops, the National Guard, and bodyguards of the elite.
Similarly, the right to a free press is hereby restricted to the card-carrying members of the media---network and newspaper journalists.
All are created equal, but some are more equal than others. Ordinary citizens need not apply.
All are created equal, but some are more equal than others. Ordinary citizens need not apply.