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loquitor...if I recall my history, the drafters of the Constitution hotly debated adding the Bill of Rights for fear that if the rights were specified it might allow future government to "restrict" any other rights not enumerated. Thus, Madison (or maybe Jefferson) came up with the 9th amendment and the concept of unenumerated rights.
It is in that sense, and particularly the 9th Amendment, that I characterize the Constitution as a living document....leaving future governments, throught legislative or judicial action, to identfy the rights of the people that are protected.
Another oversimplification.
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"The perfect is the enemy of the good."
~ Voltaire
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