[Notwithstanding]

Once again, a libertarian has it partially right, but fails to see precisely where this argument MUST take us:

The ninth amendment leaves these "unenumerated" rights to the states or individuals to hash out (this amendment simply says the feds need to let the states govern these areas). Thereby allowing states to legislate as the people allow through state constitutions and legislative acts.

[Eagle Eye]

But nothing eliminates those rights, even at the state level.

...shall not be construed to deny or disparage others retained by the people..

Is the right to run for office an enumerated right? Do I have the right to read a Harry Potter books in my house? Do I have the right to drink alcohol until I puke?

Not everything that we have rights to do are desirable, let alone healthy. But they are still our perogative (right to choose).