Constitutional Rights

Copolymer wrote a piece for morons.org about a recent interview of Robert Bork by Pat Robertson. In his comments on the interview, he makes, what I think, is an excellent point about the frequent claim that the Supreme Court, though rulings like the recent one overturning the Texas sodomy law, is "making up new rights" that weren't included in the Constitution.

Pat Robertson: Where does the Supreme Court come off saying that homosexuality is a constitutional right? And to think that a staunch Catholic, Kennedy, wrote that decision.
Part of Bork's answer was "One of the really terribly disturbing features of the Supreme Court...is that they are making up constitutional rights that are nowhere in the Constitution."

There's a basic problem with this argument, and that is this: there is a huge number of things not mentioned in the constitution that people nevertheless take as their right to do or practice. Carpentry, for one. Horseback riding. Standing on a street corner doing mime shit for money. The list goes on and on. There's no constitutional right to heterosexual sex either, but never mind.