There were too many double-negatives for me to have total clarity on what you're trying to get across.
I'm not being a grammar-nazi, just honestly a little unsure of what you meant exactly.
My point is...
EVERYTHING is a right unless a duly elected government body passes a law saying that it is not.
Remember that the Constitution was written to restrict the government, not the people.
I could elaborate, but I hope you get my drift.
To the underlined... Commerce Clause.
That's what would have killed ObamaCare if not incorrectly defined as a "tax".