The costitution doesn't specify the right to fly singles over cities
the constitution doesn't specify the right to kill your own countryfolk with automatic weapons either - the amendment simply gives rights to an armed militia.
The point has been made that in such a litigious country as the US, if there was a real threat to public safety from SE helis then surely something would have been done about it - Tees just highlights a counter to that where a clear and obvious threat to public safety is continually ignored because of political lobbying.