That's what the Ninth Amendment is there for, hypothetically. The Bill of Rights was never intended to be an exhaustive enumeration of even fundamental rights,

That's what the Ninth Amendment is there for, hypothetically. The Bill of Rights was never intended to be an exhaustive enumeration of even fundamental rights, and the Ninth Amendment explicitly says that you cannot ascribe significance to a right having been omitted from the enumeration. That depends on the SCOTUS deciding there is an unenumerated right being infringed upon, and historically the SCOTUS has preferred to tie judgements to enumerated rights even if it'd be simpler to just say outright, "this is an unenumerated right", but still, we're not supposed to need to actually spell them all out. In theory. In practice--