Not the same thing. Penumbras relate to contextual circumstances.
The Constitution enumerates rights like the right to bear arms, speak freely, assemble, to not be subjected to cruel and unusual punishment or unreasonable searches and seizures, etc.
However, only living people can even exercise such rights in the first place.
That's not circumstantial - that's a fundamental assumption without which the Constitution is a nonsense document that at this present moment in time enforces the right of people who died a hundred years ago not to be charged excessive bail.
You are arguing your pooint like a liberal justice trying to legislate from the bench. I don't think Justices Scalia or Thomas or the "Great One," Mark Levin, would agreee with you. I certainly don't.