[tahiti]

"My only point is that the unenumerated rights of the Ninth can depend entirely on the whim of the judges if there is no framework for articulating those rights."

Unenumerated rights depend upon entirely on the citizen making the claim in a court.

The judge just acknowledges the citizen's claimed unenumerated right by nullifying a law that violates such a claimed right.

I currently ride my motorcycle in a the State of Missouri without a helmet. Missouri has a helmet law.

It is only a matter of time before I get a citation for violating that unconstitutional law.

I contend and rightly so, that I have the "retained" right to decide whether I will wear a helmet or not.

I am a citizen making an "unenumerated" right claim.

[republicofdavis]

"I contend and rightly so, that I have the "retained" right to decide whether I will wear a helmet or not.

I am a citizen making an "unenumerated" right claim."

And most likely you will lose. And you can continue to assert your right as the jail door slam behinds you. So your assertion of your "right" will not have made it so.