Like all constitutional rights, it's a right only because 5 Supreme Court justices say it is. The Constitution is infinitely malleable by the people whose job is to "interpret" it.

It is, somehow, even more anti-democratic than the thumb on the scale given to large but poorly-populated states. There is no appeal from it, and any temporary advantage in the other two branches approves decades-long appointments to the third. The Supreme Court now has a 2:1 majority control by one political party, and will do so for the rest of my life.