The idea that the Founding Fathers possessed a uniform, coherent philosophy is so common, yet so easily refuted by a casual glance at the evidence, that it probably deserves its own fallacy name by now, like the No True Scotsman.

An added bonus: it would be alliterative.

Anyway, there are several items in the Bill of Rights which require government action in order to protect those rights, thus making them positive rights, probably none more obvious than the sixth.