Davesf:

There's a minor problem that the rigidity of the so-called originalists ("my real, actual, enumerated rights") seems to cause them to conveniently ignore. The drafters of the constitution, well aware that the country would evolve, gave themselves (and thankfully, us) an out to let the contstitution live. It's called Article 9. It reads: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Hence, what originalists like to call the rights which are "new ones" or special rights, are neither - they just aren't enumerated. Which doesn't mean the Constitution doesn't protect them. Sorry, the document lives and Article 9 is there to see that it keeps right on living.