The Declaration Of Independence holds... at least at the time for Freemen
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --
It really doesn't enumerate those rights beyond life, liberty, and the pursuit of happiness. Why should they. If this is a declaration of Natural Rights... those rights are too numerous... perhaps infinite in scope, to enumerate. Infinite? Do you have the right to paint your bedroom any particular color?
The Constitution was constructed to protect Natural Rights, at least for freemen, by granting the new federal government limited powers. Madison believed any Bill Of Rights would place those rights not enumerated at risk. He drafted the Ninth Amendment to include them atop those enumerated elsewhere in the Bill Of Rights. It says
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
But for whatever reason, the Ninth has been neglected. Liberal courts at best offer limited support for a few select rights while the social Right seems determined to bury the Ninth obviously fearing it might protect rights they don't want people to have... such as same sex marriage, perhaps the right to choose. Bork claimed the Ninth was like an inkblot on the Constitution beneath which we'd never know the Framers' intent.
In constructing the Constitution without a more definitive definition of Natural Rights we are left wondering what they are... and if government in the past had any power to deprive us of them. The French Rights Of Man was more all encompassing:
4. Liberty consists in the freedom to do everything which injures no one else; hence the exercise of the natural rights of each man has no limits except those which assure to the other members of the society the enjoyment of the same rights. These limits can only be determined by law.
5. Law can only prohibit such actions as are hurtful to society. Nothing may be prevented which is not forbidden by law, and no one may be forced to do anything not provided for by law.
Since both the Constitution and the Rights of Man both have roots in the concept of Natural Rights... what are they, which one's can government rightfully restrict or take away, and which have already been unjustly denied us?