re: #388 HappyWarrior

I had debates with some conservatives while I was in law school (and more of a center-right libertarian vs the center-left libertarian I am today) about the nature of rights under the constitution. My basic point was (and still is), that the Ninth Amendment provides a means for courts to identify non-enumerated constitutional rights, similar to the common law tradition in the UK. They typically rejected it because reasons (usually taking the crazy view that “rights” should be determined at the ballot box).