the [unenumerated] number of rights to free activity, including economic activity, which comprise the concept of "liberty." The Ninth and Tenth Amendments cover it:And that is a very strong claim. MDO is saying that "free economic activity" is a right protected by the 9th and 10th. Obviously this could only be a restriction on the states since the Constitution gives the feds explicit regulatory authority on interstate and foreign trade. So, have there been cases where federal courts have invalidated state regulations because they interfere with the unenumerated right to free economic activity? For example, I know porn shops have contested restrictions on free speech grounds (and lost), but have they ever prevailed on the basis of free economic activity?
That I have no idea about.