Unenumerated Rights

[The Duke]

There are no unenumerated rights, and as a matter of practicality there cannot be as the Constitution lays out no objective standard for discerning these rights.  Unless there is an objective standard for what the 9th Amendment protects, then the "loose constructionist" position allows judges to determine that anything they like is protected.

[The Duke]

No, you're wrong. The unenumerated rights are all those areas over which Congress has no jurisdiction.

There are no unenumerated rights...

Then what is the point of the Ninth Amendment?

These are not "rights" per se.  The states can still regulate these things, but the Federal government can't.  The Ninth Amendment, in my view, states that simply because I don't have a right to wear a yellow T-shirt doesn't mean congress can restrict my right to wear a yellow T-shrt.  Congress doesn't have the authority to do this, and just because my protections aren't spelled out, the limits on Congress certainly are.  This does not mean that I have a "right" to these things.