As we saw last time, the Ninth Amendment tells us that, in addition to the bill of rights, the constitution also protects other rights that are not listed. But it does not of course tell us what those rights are, or even give us any clue how to determine them. So the constitution leaves it up to us to figure out what fundamental unenumerated rights are protected.
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Due Process: Procedural and Substantive
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As we saw last time, the Ninth Amendment tells us that, in addition to the bill of rights, the constitution also protects other rights that are not listed. But it does not of course tell us what those rights are, or even give us any clue how to determine them. So the constitution leaves it up to us to figure out what fundamental unenumerated rights are protected.