Did they intend the Constitution to be a dead-letter or a living document? Hardly necessary to divine their thoughts through chicken entrails. Madison made his trepidations clear and hedged his bets in writing the Ninth Amendment; debated and ratified. “The enumeration in the Constitution, of certain rights, shall NOT be construed to deny or disparage others retained by the people.” [Emphasis added.]

Judge Bork in his failed SCOTUS confirmation hearings told the Senate that the Ninth Amendment was a “water stain” on the Constitution. Obviously, many such “strict constructionists” feel free to apply their own “original intent.”