The Ninth Amendment is a means for the Court to determine certain rights which predate the Constitution.

Regardless, the Ninth Amendment is a means for the Court to determine certain rights which predate the Constitution. Even if never mentioned in the Constitution, they are not excluded.

The Ninth Amendment of the U.S. Constitution states "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." ...