[PatrickHenry]

Your item number 3 is a good one. It doesn't quite flow from the Ninth and Tenth Amendments, which I regard as mandatory rules of construction, but I agree with it. Well, actually it can be derived from the Ninth.

I hadn't heard of Barnett before, but he seems to have a good understanding of the situation.

[musanon]

Here's a good article by Prof. Barnett.

The Rights Retained by The People
Address:http://www.randybarnett.com/rightsbypeople.html

And his latest book:

Restoring the Lost Constitution : The Presumption of Liberty
Address:http://www.amazon.com/exec/obidos/tg/detail/-/0691115850/002-9973716-2800850?v=glance