Malcolm Rivera
The Ninth Amendment to the United States Constitution guarantees rights that are retained by the people but not specifically enumerated in the Constitution. It is part of the Bill of Rights and was introduced to address concerns that future generations might argue that a right did not exist because it was not listed. The Ninth Amendment has been interpreted as protecting unenumerated rights, such as the right to privacy, and serves as a reminder that the Bill of Rights is not an exhaustive list of the rights belonging to the American people. The Fourteenth Amendment, passed by Congress in 1866 and ratified in 1868, also plays a role in extending liberties and rights granted by the Bill of Rights to formerly enslaved people and prohibiting states from denying citizens their privileges and immunities of citizenship.
| Characteristics | Values |
|---|---|
| Name | Ninth Amendment |
| Year | 1787 |
| Purpose | To safeguard rights not specifically enumerated in the Constitution |
| Interpretation | Justices Douglas and Goldberg viewed the Amendment as a protective provision that ensures rights are not violated by the government. |
| Examples of Unenumerated Rights | Right to privacy, parental rights in family matters |
| Related Amendments | Fourteenth Amendment, Tenth Amendment |
| Historical Context | The Ninth Amendment emerged as a compromise between Federalists and Anti-Federalists, who held opposing views on handling rights within the Constitution. |
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What You'll Learn
The Ninth Amendment
> The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
This means that just because a right is not listed in the Constitution, it does not mean that people do not have that right. The Ninth Amendment emerged as a compromise between the Federalists and Anti-Federalists, who held opposing views on handling rights within the Constitution. The Anti-Federalists argued that a bill of rights should be added to the Constitution, while the Federalists disagreed, stating that a listing of rights could enlarge the powers specified in Article One, Section 8 of the new Constitution by implication.
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Unenumerated rights
The Ninth Amendment to the United States Constitution addresses unenumerated rights, or rights that are retained by the people but are not specifically listed in the Constitution. The text of the amendment reads:
> "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
The Ninth Amendment emerged as a compromise between Federalists and Anti-Federalists, who held opposing views on handling rights within the Constitution. During the drafting of the Bill of Rights, some American founders became concerned that future generations might argue that a right did not exist if it was not listed in the Bill of Rights. The Ninth Amendment was added to address this concern and to ensure that the enumeration of certain rights in the Constitution would not be used to deny or disparage other fundamental rights retained by the people.
The Ninth Amendment has been interpreted by the courts as safeguarding these unenumerated rights. For example, in Griswold v. Connecticut, the Court struck down state bans on the use of contraception by married couples on the ground that it violated their “right to privacy,” which is not explicitly guaranteed in the Constitution but may be inferred from the penumbras of rights that are enumerated, such as the First Amendment’s right to assembly and the Fourth Amendment’s right to be free from unreasonable searches of the home. Similarly, in Troxel v. Granville, the Court acknowledged parental rights in family matters, finding that a law allowing third parties to petition for child visitation rights violated the rights of the child’s parents to make decisions about the care, custody, and control of their children.
While the Ninth Amendment has been used to protect unenumerated rights, it has also been the subject of debate and disagreement. For example, in Troxel v. Granville, Supreme Court Justice Antonin Scalia frowned upon the Court’s recognition of unenumerated rights, warning against inventing constitutional rights and arguing for a strict interpretation of the Constitution to avoid overstepping its boundaries and infringing upon the states’ power to govern.
In addition to the Ninth Amendment, the Fourteenth Amendment's Due Process Clause has also been interpreted by the Court as protecting certain unenumerated substantive rights that are not listed in the Constitution.
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The Fourteenth Amendment
A key component of the Fourteenth Amendment is its Due Process Clause, which has been interpreted to protect certain substantive rights that are not explicitly listed in the Constitution. This clause asserts that no state shall deprive any person of "life, liberty, or property, without due process of law." The Court's interpretation of this clause has led to the protection of unenumerated rights, recognising that certain liberties are inherently important and cannot be infringed upon without a compelling reason.
Additionally, the Fourteenth Amendment has been interpreted to prohibit the states from infringing upon fundamental personal liberties. This interpretation emerged from the Ninth Amendment's acknowledgment that not all fundamental rights are explicitly mentioned in the first eight amendments. The Fourteenth Amendment, therefore, serves as a safeguard against state abridgment of these unenumerated rights, ensuring that the states cannot deny citizens their inherent liberties.
In conclusion, the Fourteenth Amendment plays a crucial role in protecting rights not explicitly listed in the Constitution. Through its Due Process Clause and interpretation, it safeguards unenumerated rights, such as the right to privacy, and prevents states from infringing upon fundamental liberties. This amendment stands as a testament to the evolving nature of constitutional interpretation and the recognition of rights beyond those specifically enumerated in the founding document.
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Due Process Clause
The Due Process Clause of the Fourteenth Amendment prohibits states from depriving any person of "life, liberty, or property, without due process of law". This amendment was adopted after the Civil War to protect individual rights from interference by the states.
The Fourteenth Amendment's Due Process Clause has been interpreted to include protections of substantive due process, such as the right to work in an ordinary job, marry, and raise one's children. The Supreme Court has applied the Clause in two main contexts. Firstly, the Court has construed the Clause to provide protections similar to those of the Fifth Amendment's Due Process Clause. Secondly, the Court has interpreted the Clause to render many provisions of the Bill of Rights applicable to the states.
The Due Process Clause of the Fourteenth Amendment has formed the basis for many high-profile Supreme Court cases, including W. Va. State Bd. of Educ. v. Barnette (1943), Gideon v. Wainwright (1963), and McDonald v. Chicago (2010). In the 1970 case of Goldberg v. Kelly, the Court found that some governmental benefits amount to "property" with due process protections.
The Due Process Clause has been interpreted to protect certain substantive rights that are not listed in the Constitution. This includes the right to privacy, which the Court found may be inferred from the penumbras of rights that are enumerated, such as the First Amendment's right to assembly and the Fourth Amendment's right to be free from unreasonable searches of the home.
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Natural rights tradition
The Ninth Amendment to the US Constitution protects the rights of citizens that are not specifically listed or "enumerated" in the document. The text of the amendment states that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people".
The Ninth Amendment emerged as a compromise between Federalists and Anti-Federalists, who held opposing views on handling rights within the Constitution. The Ninth Amendment affirms that the Bill of Rights does not represent an exhaustive or exclusive enumeration of rights. It allows for the idea that there may be rights that aren’t in the Constitution.
The interpretation of the Ninth Amendment has been a subject of debate among legal scholars and philosophers. Some, like Justice Antonin Scalia, have argued for a strict interpretation of the Constitution, warning against inventing constitutional rights that are not explicitly listed. Others, like Justices Douglas and Goldberg, have agreed that the Ninth Amendment protects rights other than those named in the Constitution, such as the right to privacy.
The concept of natural rights, or rights that are universal and inherent to all human beings, independent of any particular culture, tradition, or government, has been discussed by philosophers and legal scholars for centuries. Proponents of natural rights, such as John Locke, argue that these rights are fundamental and inalienable, meaning they cannot be taken away or violated.
The idea of natural rights has been used to challenge the legitimacy of absolute power, such as the divine right of kings, and has been influential in shaping political philosophies such as libertarianism, anarcho-capitalism, and classical republicanism. However, the concept of natural rights is not universally accepted, and some critics argue that rights arise from the actions of governments or evolve from traditions, rather than being inherent or universal.
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Frequently asked questions
The Ninth Amendment.
The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out.
The right to privacy.
The Fourteenth Amendment.
