Access to birth control is fundamental right. The ability of a woman to control how many children to have is a fundamental right. Privacy is a fundamental right (otherwise the state could legally spy on us for any reason at any time). It doesn't need to be specifically enumerated in the Constitution to be a right or we are royally screwed.
Disagree. The problem is we no longer live in the world of 1776 and 300 years have made tremendous changes in our view of what constitutes rights and a lot of other things. The Constitution and Bill of Rights, are deliberately worded to be broad enough to acknowledge this without restricting us to the mores of a bygone era.
There are a LOT of things not specifically enumerated that we take as rights but are interpreted by various legal scholars to be. One example:
The 4th Article/2nd Amendment- which starts out with "A well regulated Militia..." does not specifically enumerate the idea of everyone being allowed to have a gun outside of the militia, yet a portion of Americans take that as a "right" (
not arguing 2A, just using it as an example)...but that is really irrelevant because of Amendment X:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
In other words, just because there is a list of rights in the Constitution, that doesn't mean those are the ONLY rights or that the government can take away other rights that are not listed.