[syshum]

The authority to create copyright and patent law is most certainly in the constitution, if it were not all copyright and patent law would be unconstitutional

People seem to forget what the constitution is, the Constitution grants government its power, if the constitution is silent on a matter than the government is suppose to be powerless, is not suppose to engage in that activity.

This means a whole host of things the government does, should be unconstitutional, but sadly the courts have interrupted the constitution to include powers it does not contain.