摘要：By this point in the Symposium, observers will have noticed the
obvious; there is no category unenumerated rights. Indeed, there can-
not be such a category if we think that an analytic category must have
some reasonably stable content. The whole point of the so-called
category is to give us a conceptual tool to use when thinking about
rights that you can't find anywhere else, no matter how hard you
look. But, if you can't find them anywhere else, it's not entirely clear
what "they" might be. Or, more precisely, anythin can count as an
unenumerated right. Consider Bowers v. Hardwick and Lawrence v.
Texas.
2
Justice Byron White was surely correct in asserting that there
is no enumerated right to homosexual sodomy in the Constitution ,
but Justice Anthony Kennedy was equally correct in asserting that
there was an enumerated right to liberty in the Constitution.
