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The Ninth Amendment states that the “enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

The Ninth Amendment also captures a deeper insight: It would have taken impossible foresight for the framers to list every conceivable right the people would regard as fundamental.

Still — they added that Ninth Amendment, which simply shows a narrow “originalist” interpretation, limiting rights to those specifically listed, was opposite to the Founders’ stated goals.

The Ninth Amendment reads: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

And though he does not rely on the Ninth Amendment, which is the only provision that tells us how we should understand the Constitution, his approach is consistent with it.