The Right to Privacy
The 9th Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
I read this as: “The Constitution doesn’t list every right we have, you stupid fuck.”
Madison on the Enumeration of Rights
The Federalists contended that a bill of rights was unnecessary. They responded to those opposing ratification of the Constitution because of the lack of a declaration of fundamental rights by arguing that, inasmuch as it would be impossible to list all rights, it would be dangerous to list some and thereby lend support to the argument that government was unrestrained as to those rights not listed.
Madison adverted to this argument in presenting his proposed amendments to the House of Representatives.
“It has been objected also against a bill of rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure. This is one of the most plausible arguments I have ever heard against the admission of a bill of rights into this system; but, I conceive, that it may be guarded against. I have attempted it, as gentlemen may see by turning to the last clause of the fourth resolution.”
It is clear from its text and from Madison’s statement that the Amendment states but a rule of construction, making clear that a Bill of Rights might not by implication be taken to increase the powers of the national government in areas not enumerated, and that it does not contain within itself any guarantee of a right or a proscription of an infringement.
Quoted from: 9th Amendment - Cornell Law
This is all quoted because I don’t know a damn thing about the law. But it would seem weird to add this amendment if the framers of the U.S Constitution intended the Bill of Rights to be an exhaustive list of what Citizens of the United States are “allowed to do”.
The very idea that the U.S. Government decideds what Americans are “allowed” to do, flys in the face of a very long American tradition of telling our governments to get off our lawn.
George Carlin on rights
Even more importanly than Madison - Carlin had this to say about our “rights”.