"...I'll contend that the Framer's of the Constitution wrote the 9th Amd. to ensure that everyone, especially the feddies understood, that just because a right wasn't listed, that didn't mean it didn't exist...."
You can contend that, but you are wrong. The IXth and Xth Amendments were intended to protect the states and smaller political units from the tyranny of federal power. They were not intended to require states to grant residents then unknown rights that would later be dreamed up by federal judges.
As has been discussed numerous times, sodomy laws were common in all the original 13 states when the Constitution was drafted. If the Founders felt that such private conduct should be protected by the Constitution, they would have made it clear at the time.
If you want to read such a right into the Constitution, you must follow the "living document" school. That's fine. Lots of legal scholars like Al Gore do. But don't attribute such ideas to James Madison or to the others who contributed to the drafting of the Constitution. That's simply not historical fact.
You can contend that, but you are wrong. The IXth and Xth Amendments were intended to protect the states and smaller political units from the tyranny of federal power. They were not intended to require states to grant residents then unknown rights that would later be dreamed up by federal judges.
I carry a Constitution in my pocket, every single day. I read the 9th, and frankly, I see no reference to the word State or smaller political units as you contend. I do see clear reference to ...retained by the people. One can argue, the sky is green and the grass is blue, but that hardly makes it so.
If you want to read such a right into the Constitution, you must follow the "living document" school.
I do not fall into the "living document" school, mine is a strict interpretation of the English Language. Where do you see the word "State" or "smaller political units" in the 9th? Who is trying to read something into this that is clearly not represented in the language? I will take the time, if you persist, to back up my view of the 9th Amd, you should do the same. No more conjecture, no more opinion, show me some discussion of the 9th Amd. to back your view, or drop it for lack of interest. Your call! Blackbird.