General Discussion
In reply to the discussion: The 2nd Amendment is an anachronism. [View all]X_Digger
(18,585 posts)I'm not a religious person, but if you read your Locke / Rousseau, they speak of a 'creator'. Certainly the folks who wrote the constitution and bill of rights thought that rights existed before they finished writing those documents.
That's why the ninth amendment still applies.
A good example: Do you have the right to travel? Of course you do. It's been established in case law that such a right exists. Where do you find that right ensconced in the constitution or amendments? Nowhere. It isn't there.
The "right of privacy" (as opposed to the right to be free from unreasonable search and seizure) is similarly a right that you won't find in the constitution- it's protected by the ninth amendment (see http://en.wikipedia.org/wiki/Roe_v._Wade#Right_to_privacy )