"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Still sounds like negative

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Still sounds like negative framing to me. And when those implicit non-declared rights are judged legally, they are still judged in a negative rights lens, no? The right to legal counsel and jury are protections are still defensive in framing, though I concede your point. Access to education I would also concede is partially positive though you see it is about not denying. I would also say the more recent positive-sounding rights declarations/rulings are not always on super solid grounds, but this is admittedly circular. I stand by my claim of "built on".