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The rights of the American people are not enumerated in the US Constitution. Some rights are directly mentioned in parts of the US Constitution, but the lack of mention does NOT mean those rights aren’t real.

9th Amendment - “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

I agree rhetorically that if you slapped half the anti-gun restrictions the left loves so much on things like voting or abortion (ID checks, background checks, mandatory waiting periods, expensive education courses, etc.), they’d lose their minds, but we should be clear that the US Constitution protects ALL our rights; not only those mentioned by name.

Because society loans only certain rights to government, and the rest are retained, the national government itself has no claim whatsoever to new and independent rights or powers. The Ninth Amendment is not whimsical. Like the rest of the Bill of Rights its protections have a substantive end; they identify “the rights that the Constitution’s system of enumerated powers, indirect voting and separation of powers is designed to protect.” The inclusion of the Ninth Amendment was, in part, an attempt to be certain that rights protected by state law were not supplanted by federal law simply because they were not enumerated. There is no genuine theoretical obstacle to their judicial enforcement by Scotus.

In a federal republic contradicting laws among the states should be common. So what if California and Massachusetts promote homosexual marriage while other states prohibit the practice?

As opposed to fanciful and often incoherent Scotus’ opinions, state laws and constitutions are typically grounded in reality. To make its decisions, the judiciary needs judicial standards. Society does not. The establishment of judicial standards or metrics from which to make their decisions must start with rights declared by society, not by Scotus itself.

The Ninth Amendment is consistent with American history and traditions. The sovereign people who established government, not subservient courts, have the power to declare rights they did not previously enumerate in the Constitution.

Progressing the Ninth Amendment Part II of III.