On What The Constitution Says And Doesn't Say.

The Supreme Court has ruled that the right to privacy is found in the "penumbras" of the first, third, fourth, fifth, ninth and fourteenth amendments. IOW, you go out on a limb, and then another limb from those rights. But it's there. And it is precedent. So it's no longer judicial activism either.

Because the constitution does speak of personal autonomy. Take freedom of religion. What does that have to do with political rights, like freedom of speech? Or criminal rights, like search and seizure? It is part of a person's personal life and autonomy.

And the third amendment. It forbids the forcible housing of military personnel in a citizen's home during peacetime. That doesn't happen anymore. But it shows the right to personal autonomy, a man's home is his castle and the right civilian authority always be superior to the military. But there are rights not found in the Constitution. Like academic rights. The rights to do medical research, for example. And to benefit from those discoveries. It's just not there.

But the second amendment? It was never meant to apply to private conduct. Right or wrong, there's just nothing in the Constitution about that at all. Sorry.