> Some wise document written by founding fathers? Sorry, we don't believe in those things in these here parts. It needs to be based on either law or a body (could be "the people") that can force it into law.
This is actually false. Our founding fathers very much were not settled on where rights originated. Some believed, like GP do, that rights are innate and that it's the responsibility of a government to try and protect common ones. Others believed, like you, that rights need to be enumerated. One of the arguments against enumeration is that such a list could be used, as you are trying to do, as a mechanism to exclude rights not officially listed or known or conceived of at the time, which could lead to unintended oppression.
Should the government have innate power to oppress by omission? Are laws an allow list or a deny list? Does the government only get the power we the people grant it, or does it get every power we don't specifically reserve for ourselves? Neither position is absolutely correct. That's why we have courts and process. But the scales tend to tip towards the government only only being allowed power we cede to it, not the reverse.
Here's a relevant example: consider freedom of thought. Western governments generally do not explicitly codify such a concept. But we practically universally believe that human beings are afforded the the privacy of their mind. After all we're allowed to express ourselves freely and all our laws are designed to punish actions. The bill of rights was created at a time when it was impossible to know the nature of someone's thoughts, so this question was preposterous. But it's becoming possible now to capture an image of one's thoughts. If we could use that information to discriminate, it's very sane to imagine a self-serving bureaucracy would try to. So how do you establish your right to think in a society where it's innately oppressed by virtue of not being explicitly granted? See: civil disobedience.
I agree with your position but not with your rhetoric.