8 October—“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” That’s the Constitution’s Ninth Amendment. It’s what could be called a portmanteau or carry-all amendment, in that its meaning is very generalized, even vague, thus allowing for very broad interpretation.

The Constitution is replete with articles and amendments like that. Some would call that generality and vagueness one of its charms or beauties; others would consider it just a shortcoming or defect. Whatever it is, it’s one of the reasons the Supreme Court manages to keep busy.

When you think about it, couldn’t heinous crimes like rape and murder be construed as being among those retained by the people? They’re not mentioned anywhere in the Constitution, after all. (Only treason, piracy, and counterfeiting are in fact mentioned.) Of course, that’s ridiculous, and the Necessary and Proper Clause—dear old Article I, Section 8—deals with it by empowering Congress to make all laws necessary for executing its own powers and those of the federal government as a whole.

And there’s the rub, for better or worse.

When James Madison wrote the Constitution and the first ten amendments, he assumed that people would be half-way intelligent, rational, and imbued with some degree of common sense.

Yeah, right . . .