Final answer:
The Mississippi Constitution includes a section similar to the U.S. Constitution's Ninth Amendment, which is like a 'catch-all' that protects unwritten rights. This, combined with the selective incorporation process, ensures fundamental liberties are upheld by the states, as ruled by the Supreme Court.
Step-by-step explanation:
Understanding Constitutional Rights
Indeed, the Mississippi Constitution, like the U.S. Constitution, contains a provision similar to the Ninth Amendment, which acts as a 'catch-all' to protect rights that are not explicitly spelled out within the Constitution itself. This provision acknowledges that there are fundamental liberties and rights "retained by the people" that go beyond what is explicitly mentioned. The idea is that the enumeration of certain rights in the Constitution should not be interpreted to deny or disparage others that people inherently possess.
The process of selective incorporation also plays a significant role here. Since 1897, the Supreme Court has ruled that various protections of the Bill of Rights must be upheld by the states, an action that ensures that even without explicit state constitutional or legal protection, these fundamental rights are preserved. This process has resulted in an evolution of how constitutional rights are applied, changing with times, technology, and through crucial Supreme Court decisions.
Examples of rights specifically protected by the U.S. Constitution include the right to a writ of habeas corpus, the prohibition of bills of attainder and ex post facto laws, and the right to trial by jury. Similarly, fundamental rights such as the right to marry, employment, education, and family life are exercised regularly, even though they aren't written into the Constitution, demonstrating the dynamic nature of rights 'retained by the people'.