Do we have the right to wear shoes? It’s not in the Constitution so it’s not an enumerated right. Is it a right at all?
If a congress passed a law and the president signed it banning shoes, would it be constitutional? Again, there is no mention of shoes or clothing of any kind in the constitution.
If a federal court made an argument that the spirit of the constitution includes a right to wear shoes and struck down the law, would the court be engaging in judicial activism? Would it be judicial overreach?