What If We Made Gun Culture Uncool Like We Did Cigarettes?

[X_Digger]

111. "Had never been passed" != "repealed"

The right exists. It existed before the bill of rights. It is explicitly protected by the second amendment. Repeal the second amendment and the right goes from being explicitly protected by the second, to being implicitly protected by the ninth amendment.

Here's a free clue- you'll find it in the preamble to the bill of rights:

[div class='excerpt']The Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution.

The Bill of Rights was intended as a 'the government shall not' document- "to prevent misconstruction or abuse of its powers"- not a 'the people can' document. Rights aren't limited by the bill of rights; rather the scope of protections of certain rights are set. If the Bill of Rights were a listing of all a person's rights, there would be no need for the ninth and tenth amendments ("The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." and "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." respectively.)

The right to travel is a good example of an unenumerated, yet fully protected right. You won't find it in the constitution or the bill of rights.

Derp.