You have just made my argument for me. The amendatory process ( I assume that is what you are referring to) is another avenue for adjusting the Constitution to the changing needs of society. As are the Courts reversals of earlier rulings. In the post civil war era the separate but equal doctrine was deemed acceptable. During the 1950's the court struck the doctrine in Brown V. The Board of Education. Another example of the existence of fundamental rights.
Whether you agree with it or not....Fundamental Rights do exist...Roe V. Wade is another example. The right to privacy between husband and wife in the bedroom is still another fundamental right not specifically mentioned in the Constitution, but found to exist.
The point is that the constitution is quite subject to change. What is not found in its express language may be held to exist in the Penumbral areas associated the express guarantees...possibly a civil liberty.
It has been said that the fundamental rights were so basic that the founding fathers did not feel the need to expressly mention them. They subsequently clarified their position with the Ninth Amendment.
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