The Ninth Amendment: The Constitution

"The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people"

What? Que? Come Hither once more?

I think it means there are fundamental rights of man (all people) not specifically listed in the Constitution or the Bill of Rights but that does not mean they do not exist and should not be protected by this document.

Robert Bork, often considered an originalist, has likened the Ninth Amendment to an inkblot. Bork argued in The Tempting of America that, while the amendment clearly had some meaning, its meaning is indeterminate; because the language is opaque, its meaning is as irretrievable as it would be had the words been covered by an inkblot. According to Bork, if another provision of the Constitution were covered by an actual inkblot, judges should not be permitted to make up what might be under the inkblot lest any judges twist the meaning to their own ends. 

With a name like Bork, who gives a shit and I have always considered him an inkblot.  He is just one "j" away from being a Norse tennis player or a hack musician.  Also, he is an originalist which has something to do with a strick view of the Judicial process but more closely resembles and organist or someone infatuated with a horses organ.

Alexander Hamilton addressed this issue in the Federalist Papers, #84 and James Madison also stressed that a congress whom he does not trust being given authority to usurp some rights at some time does not imply that they should be able to run a muck continuously, like they are now and on other unspecified rights not spelled out in the constitution.  It was more about limiting power of Congress and not granting freedoms.

It seems like a catch-all amendment to begin the tie up of the Bill of Rights in a nice neat package.