Home > West's Encyclopedia of American Law > Unenumerated Rights

Rights that are not expressly mentioned in the written text of a constitution but instead are inferred from the language, history, and structure of the constitution, or cases interpreting it.

Typically, the term unenumerated rights describes certain fundamental rights that have been recognized by the U.S. Supreme Court under the U.S. Constitution. In addition, state courts have recognized unenumerated rights emanating from the principles enunciated by their own state constitutions. No comprehensive list of unenumerated rights has ever been compiled nor could such a list be readily produced precisely because these rights are unenumerated.

Nevertheless, a partial list of unenumerated rights might include those specifically recognized by the Supreme Court, such as the right to travel, the right to privacy, the right to autonomy, the right to dignity, and the right to an