Okay. I cannot let this go by without commenting.
No, I have not read the Lighthouse Act of 1789. As far as I know, it was a set of laws that took control of lighthouses and other aids to coastal navigation from the states and gave it to the federal government. I do not see how that is relevant.
Okay. Let's go back to the First Congress. About half the members had been at the Constitutional Convention. March 3 or 4 of 1789, they all get together--At a place on Wall Street in New York City, BTW-- and start to do business. The first week some of the Dudes drop the Lighthouse Act into the hopper. It does what you say--Gives the feds control of state-owned (and privately-owned) lighthouses, and gives the feds authority to site and build more lighthouses. And it passes without significant opposition.
So they did that under the Lighthouse Clause, right?
I dunno if you get my point--There is no "Lighthouse Clause". The Constitution doesn't mention lighthouses. Are lighthouses a peculiarly federal business? No; the states had them. Is this something the states couldn't do themselves? No; the states had them. There was absolutely no Constitutional basis for that, if you listen to the Tea Party folks. It was just some "fraud and waste" that those politicians (who, incidentally, had written the Constitution) decided to do.
The Northwest Ordnance (one of my favorite documents in American History), predates the Constitution. I am fully aware that it covers the process by which states are formed from territories and admitted to the Union. The Constitutional Convention evidently chose to accept it as part of the "law of the land" and not reiterate it in the Constitution. The major fuss over the Louisiana Purchase was that nowhere, neither in the Constitution, nor in anything under the Articles of Confederation which preceded it, were there any laws or customs about the purchase of territory.
Exactly! These were guys who, unlike the Tea Party, didn't think it was a good idea to invent the wheel every time they went for a ride. The Constitution is a document; it is one of many that put things together, but there is nothing sacred (or exclusive) about it, or about the other documents that went into the mix. Virtually every word is encrusted with meanings that are not included in the text. But there had been a government for 13 years that had done some things, including setting up a system for incorporating new states, so there was no need to put a new system in the Constitution.
Let me sum up my point, since you seem to have missed it:
There are laws, customs, and principles fundamental to the American legal system that are NOT EXPLICITLY STATED in the Constitution.
Indeed, though Hugo Black would disagree.
If you can find an EXPLICIT mention of "Freedom of Religion",
No, because it is a shorthand expression for the establishment and free exercise clauses of the First Amendment.
or the definition of a militia,
It wasn't defined because it was a word with a precise meaning. Until at least 1863 (and perhaps as late as 1917) there was no recognizable U.S. Army; each state had a militia under the control of the governor which could be summoned to federal service by the president, but only under the terms established by the state that raised the militia. The First Congress (the Lighthouse Act dudes) argued over the Second Amendment at greater length than any other issue because they wanted to set some rules for the state militias, primarily by creating a right of conscientious objection, and set rules under which the president could override the governor's command. This was all done about a century later with the creation of the National Guard. But nobody had any doubt what was meant by "militia".
or what happens when a president dies in office (prior to the adoption of the 25th Amendment),
I'm not clear what you mean; the vice-president took over.
or, for that matter, a "Right to Privacy"
Griswold v. Connecticut, 381 U.S. 479 --But you knew that already.
or why I cannot shout "FIRE!" in a crowded theater,
Why, in the Fire In A Crowded Theater Clause, of course! But you knew it was
U.S. v. Debs, 249 U.S. 211, didn't you? And you knew it was applied to printing a pamphlet discussing the economics of World War One, didn't you.
You just like to poke old men with sticks, right?
Git offa my lawn, kid!