So when one takes the position, as Ventola has here, that those rights “actually located in the Constitution” deserve protection but that all unenumerated rights are open to “legislation”, he is taking the exact position that the 9th amendment was designed to avoid because “legislation” means allowing the government - i.e. the majority - to regulate any unenumerated right as it sees fit. It renders the entire concept of unenumerated rights meaningless and reads the 9th amendment out of the Constitution entirely.
It has become popular for conservatives to call themselves libertarians. I think this essay does a good job drawing a distinction. Positive Liberty » The 9th Amendment and Unenumerated Rights |