As if the constitution is some God-given artifact, that should dictate all legal matters in perpetuity, and anything not thought by some long dead guys in 18th century is not relevant to a modern society?
As if the constitution is some God-given artifact, that should dictate all legal matters in perpetuity, and anything not thought by some long dead guys in 18th century is not relevant to a modern society?
But you know what else isn't explicitly supported in the Constitution and only exists through "creative" interpretation, rather than a Constitutional Amendment? The Supreme Court's power of judicial review. They literally just made it up in Marbury v. Madison.
Do we have a right to free association? A right to body integrity? A right to death?
I would be very careful about conjuring up rights.
That should be considered by what the population wants every period (as in a democracy).
Not based on what some 300-year old guys wanted, and apocryphal court decisions, trying to decipher whether the 300-old guys idea about guns and milletias is compatible with modern-day RPGs and automatic riffles shouting up schoos, or whether privacy (which was then a default, due to the lack of dozens of later developed ways to disrupt it, and more importantly the inability to do so in a mass state surveillance scale) is a right.