Talk:Unenumerated rights

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"Unenumerated rights" can be thought of as an inverse second stage to a positive/natural law dichotomy reflecting the scope of positive law's presented rationale. Rather than positive laws arising unhindered from an original clean-slate 'natural law' ideal; natural laws, recolored as they are by an environment made relative to an existing positive law structure, come to be regarded as implied by that positive law as additionally true. In other words: instead of positive law filling an undefined condition to approximate natural law, unenumerated rights are natural law flowing from the defined condition of positive law in the image of such law.

Nagelfar 11:39, 1 June 2007 (UTC)[reply]

Suggested new paragraph at end of the current "In the United States" section

§ Please consider adding the following NEW paragraph at the end of the current “In the United States” section with link to the Michigan Press page for Anthony’s book and his article on due process and state constitutions:

State constitutions have also been interpreted to protect unenumerated rights. Sometimes this has been done via provisions with similar language to the Ninth Amendment (often called Baby Ninth Amendments) and sometimes with provisions with similar language to the Fifth Amendment’s and Fourteenth Amendment’s due process of law clauses. Unenumerated rights that state courts have found to be protected by these types of provisions are as varied, if not more varied, as those that federal courts have found, including the right to earn a living, the right to establish a home, and the right to refuse medical treatment. Lyrical42 (talk) 15:07, 14 June 2023 (UTC)[reply]