Precisely. That is why the 9th amendment exists. James Madison authored the 9th amendment to address the concerns of the anti-federalist that feared, rightly so, in the future, someone would make the case that if a right is not mentioned (enumerated) then it would not exist.
Just because a right is not mentioned in the Constitution, that a right is not listed or stated "shall not be construed to DENY OR DISPARAGE others (those rights) retained by the people."
For example, where do you think your right to consume the food of your choice and in the amount of your choice emanates from?
If the food Nazi's wish to deny your access to the food of your choice, what constitutional covenant are you going to stand on to protect that right?
By your reasoning, if it ain't mentioned, it doesn't exist, so there is no right to the food of your choice.
Where do you think your right to procreate the number of children you wish to have emanates from?
Where do you think your right to use the birth control method of your choice emanates from?
Where do you think the right to consume alcohol emanates from and why it took a constitutional amendment to deny or disparage that right during the 1920's?
Where do you think the right to home school your children emanates from?
The second. ;-)
By your reasoning, if it ain't mentioned, it doesn't exist, so there is no right to the food of your choice.
My my, didn't I just trigger a load of demagoguery!
Does my right to fly by flapping my arms emanate from the 9th Amendment? Doesn't really freakin' matter if it does or not, chumley, because the law of gravity would overrule it.
Likewise, trying to "marry" two people of the same sex is overruled by the law of nature. A family consists of a man and a woman. It's still not Adam & Steve. LOL!
Finding emanations in the Constitution reminds me of how the Supreme Court decided that it was OK to murder unwanted or inconvenient children. And it's all crap.
Sorry, no "homosexual marriage" will be suddenly discovered in this "living document."
Are you sure you have that right, I am afraid in many states you don't. Or at the very least they make it very difficult, by their endless requirements and inspections.