> The Bill of Rights and later amendments do not encompass all rights, thus things like privacy do not need to explicitly be listed to count as a right.
Who decides what rights exist?
Who decides what rights exist?
History also doesn't do much to support an argument that the 9th hides a right to "privacy". The original drafts of the 9th Amendment weren't about unenumerated rights, but about state and local rights versus the power of the federal government. The language was bickered over, but apparently much of the jurisprudence of the 9th that happened anywhere close to the time of the founders was about devolution of state and local power.
See for instance Hugo Black's dissent in Griswold:
[The Ninth] Amendment was passed, not to
broaden the powers of this Court or any
other department of the [Federal
Government], but as every student of
history knows, to assure the people that
the Constitution . ..was intended to
limit the Federal Government to the
powers granted expressly or by necessary
implication. If any broad, unlimited
power to hold laws unconstitutional
because they offend what this Court
conceives to be the "[collective]
conscience of our people" is vested in
this Court by the Ninth Amendment
. . . , it was not given by the Framers,
but rather has been bestowed on th[is]
Court by th[is] Court.7