But that's not how the constitution is supposed to work. The federal government is supposed to have specific powers, enumerated by the constitution, and no more, with all remaining powers going to the state or the individual. The federalists were concerned people would misinterpret the bill of rights as an exclusive enumeration of individual freedoms, and they added the ninth amendment to explicitly say that it isn't. http://en.wikipedia.org/wiki/Ninth_Amendment_to_the_United_S...