"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Seems like the founder already took care of this one. Many rights exist that are not specifically enumerated in the constitution and the courts are free to find those right violated. Unfortunately strict originalists like Scalia forget about the Ninth Amendment when they want to go back to what "The drafters of the Constitution wrote down" as their primary source for rulings. The Ninth basically says there is a lot of rights that we the founders haven't written down but that doesn't mean they don't exist.