>>21214445Anyway, we did eventually get around to overturning that court decision, and nowadays courts are much more cautious around the enumerations clause. To prevent future abuses of the clause, courts have adopted a strict standard that they use to determine if something is an "unenumerated right" that the government is powerless to restrict. Such as, was this commonly considered a right by people in America back when the constitution was written? Is there any evidence by scholars or historians that this could be or would have been considered a right by those people at that time?
This new method of interpreting the enumerations clause has been fairly successful at preventing the sudden exnihilation of heretofore unheard of rights that for centuries no one had any idea were lurking somewhere in the constitution, invisible to all but the clairvoyant eyes of all-knowing judges.
