Griffith on whether the Constitution is a living document

"That's the debate we've been having at least for the last 50, 60 years or so. We have a court right now, that makes it pretty clear. At least six Justices of the court are not comfortable with the idea that the open-ended clauses of the Constitution are invitations to the court to identify evolving standards of decency. That's a view that this court has rejected. It's a considerable view held by thoughtful people, that the open-ended provisions of the Constitution invite that sort of change and evolution of time. That’s a debate that has been with us, we know where this court stands on it. My guess is, and I'm not very good at predictions…is that this will be a debate that will continue.”

[richietattersall]

Accord to the 9th Amendment TO the United States Constitution, rights do not have to be "IN" the Constitution.