The power of the government is limited to the power necessary to accomplish the duties imposed by Art I sec 8 of the Constitution. The Constitution is the highest law of the land but is not the repository of Sovereignty. Sovereignty does not lie in abeyance and does not lie with the president, congress or the courts. Therefore Sovereignty must lie in the people collectively. The Constitution is the creature of the collective will of the people.
Government proceeds directly from the people.
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. Art X The powers not delegated to the United States by the Constitution, nor prohibited by it to the states are reserved to the states respectively, or to the people. 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. Hamilton denied that a Bill of Rights would confer regulating power on the government but argued that tyrants and usurpers would use the very existence of a Bill of Rights as a pretense for claiming the power to regulate and define the limits of rights enumerated and to deny the existence of rights not enumerated.