Why would it need too? The laws already on the books allow them to take measures to protect the population. Nothing requires them to specify. Judges have acknowledged this right regardless of party affiliation. I gave you an open-ended challenge. Find me a judge who supports your assertion that taking those measures are unconstitutional.
Here it is, in black and white, as clear as it can possibly be.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
That' the First Amendment. And here's Section 1 of the Fourteenth Amendment, which applies this prohibition to the states as well as the federal government.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Constitution makes it absolutely clear. The people have a right to peaceably assemble, and government at all levels is forbidden from violating this right. Period. No excuses. No exceptions.
No opinion from any judge is needed to establish this as fact, nor does any judge have the authority to overturn it. This is the highest law in this nation. It takes precedence over any legislative act, over any executive order,and over any opinion or ruling rendered by any court.
Anyone at any level of government who seeks to violate this is no better than the lowest criminal.