It is to open-ended, there are way to many loop holes in the ninth amendment.

The ninth amendment states "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." It was James Madison's attempt to ensure the Bill of Rights was not seen as granting only the specific rights it addressed to the people of the United States. In recent years, some have interpreted it to mean the existence of "unenumerated" rights outside those expressly protected by the Bill of Rights.