> No. It's not. Governments are not natural. So you have no "fundamental" rights here.
You could make the same moot point about all societal laws. Fundamental rights are determined by the constitution, the UN declaration of human rights, as well as any other local charters.
Rights are granted by God, the Constitution merely acknowledges them. If you don’t believe in God, or think human hierarchies determine rights, then they aren’t really rights anymore. They are privileges.