I am aware. You are not adding anything new to the debate. It's interesting that alito would completely disregard the 9th amendment in his ruling.
I wonder if that means he will support overturning the right to marriage, travel and presumption of innocence.
Do you think the courts should pretend the 9th amendment doesn't exist and those should be overturned and left to the states because "the constitution does not confer a right.."
Here is what James Madison had to say...unless you think he was an activist?
"The Federalists contended that a bill of rights was unnecessary. They responded to those opposing ratification of the Constitution because of the lack of a declaration of fundamental rights by arguing that, inasmuch as it would be impossible to list all rights,
it would be dangerous to list some and thereby lend support to the argument that government was unrestrained as to those rights not listed. 1 Madison adverted to this argument in presenting his proposed amendments to the House of Representatives."
"It has been objected also against a bill of rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure. This is one of the most plausible arguments I have ever heard against the admission of a bill of rights into this system; but, I conceive, that it may be guarded against. I have attempted it, as gentlemen may see by turning to the last clause of the fourth resolution."
The Bill of Rights famously protects things like freedom of speech, freedom of religion, and the right to bear arms. But many skip over the Ninth Amendment, which proposes that there may be other important rights not specifically listed in the Constitution.
constitution.findlaw.com
So here we have a founding father essentially rejecting Alito's opinion. Interesting don't you say?