Isabella Carter
The Ninth Amendment to the United States Constitution, ratified on December 15, 1791, clarifies that the Constitution is not a comprehensive list of every citizen's rights and that unnamed rights are still legally protected. The amendment was introduced during the drafting of the Bill of Rights when some American founders became concerned that future generations might argue that unlisted rights did not exist. The text of 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. While the amendment has rarely played a role in US constitutional law, it has been interpreted and debated by scholars and judges, with some arguing that it refers to collective rights, while others contend it encapsulates every right expressed and implied by the Constitution and other historical documents.
| Characteristics | Values |
|---|---|
| Date of Ratification | 15 December 1791 |
| Part of | Bill of Rights |
| Purpose | Address rights retained by the people that are not specifically enumerated in the Constitution |
| Interpretations | Refers to rights granted by state laws; Refers to "residual" rights not surrendered by the enumeration of powers; Refers to natural liberty rights of the people as individuals; Leaves the argument about unenumerated rights unresolved |
| Applicability | Modern applicability and purpose has been argued and interpreted in different ways |
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What You'll Learn
The Ninth Amendment and the Bill of Rights
The Ninth Amendment to the United States Constitution, also known as Amendment IX, addresses rights retained by the people that are not specifically enumerated in the Constitution. It is a part of the Bill of Rights, which was ratified on December 15, 1791. 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 was introduced during the drafting of the Bill of Rights when some of the American founders became concerned that future generations might argue that if a right was not listed in the Bill of Rights, it did not exist. The Anti-Federalists, who were against ratification, argued for the inclusion of a bill of rights, while the Federalists argued against it, stating that a listing of rights could enlarge the powers specified in Article One, Section 8 of the new Constitution by implication.
James Madison, who faced opposition from his colleagues in the House of Representatives, created a series of twelve proposed amendments to be added to the Constitution, including the enumerated rights having its own listing. The final text of the Ninth Amendment, like Madison's draft, speaks of other rights than those enumerated in the Constitution. In his speech introducing the Bill of Rights, Madison indicated that the character of those other rights was that the "great residuum" was the rights of the people, and therefore a bill of rights was not as necessary as if those rights were thrown into the hands of the government.
In modern times, the Ninth Amendment has been interpreted in various ways. Some argue that it refers to the "collective rights" of the citizenry, while others contend that it includes every possible right expressed and implied by the Constitution, the Declaration of Independence, and various bills of rights and declarations from the Revolutionary period. Despite these differing interpretations, the Ninth Amendment has rarely played a significant role in US constitutional law and was often considered "forgotten" or "irrelevant" by legal academics until the 1980s.
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The Ninth Amendment and the interpretation of 'rights ... retained by the people'
The Ninth Amendment to the United States Constitution, or Amendment IX, addresses rights retained by the people that are not specifically enumerated in the Constitution. The amendment was introduced during the drafting of the Bill of Rights when some of the American founders became concerned that future generations might argue that a right did not exist simply because it was not listed in the Bill of Rights. The final text of the Ninth Amendment, like Madison's draft, speaks of other rights than those enumerated in the Constitution.
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." This amendment clarifies that the Constitution is not a comprehensive list of every right of the citizen and that unnamed rights are still entitled to protection by the law. The origin of the "enumerated rights" concept can be traced back to the debates surrounding the Constitution's ratification. In response to the Anti-Federalists' demand for a bill of rights to be added to the Constitution, some Federalists asserted that if such a bill was made, there would be a dangerous implication that those would be the only rights the citizenry would have.
In modern times, the applicability and purpose of the Ninth Amendment have been argued and interpreted in different ways. Some argue that the enumerated rights refer to the supposed "collective rights" of the citizenry, while others contend that it encapsulates every possible right expressed and implied by the Constitution, the Declaration of Independence, and various bills of rights and other declarations from the Revolutionary period. During his interpretation of the Ninth Amendment, Justice Arthur Goldberg quoted from Madison's speech in the House of Representatives, as well as from Alexander Hamilton's Federalist Paper No. 84.
Since the 1980s, four rival interpretations of the phrase "rights...retained by the people" have emerged. Russell Caplan claimed that it referred to rights granted by state laws, which could then be preempted by federal laws. Thomas McAffee contended that the Amendment referred to "residual" rights that are not surrendered by the enumeration of powers. Randy Barnett maintained that the Amendment referred to the natural liberty rights of individuals, as also referred to in the Declaration of Independence and state bills of rights. Finally, Louis Michael Seidman argues that while the Ninth Amendment defeats the inference that enumerating some rights denies the existence of others, it does not establish the existence of these other rights.
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The Ninth Amendment and the Federalists
The Ninth Amendment to the United States Constitution was ratified on December 15, 1791. It clarifies that the Constitution does not enumerate a comprehensive list of citizen rights and that unnamed rights are still legally protected. The text of the amendment is as follows:
> "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
The Ninth Amendment was introduced during the drafting of the Bill of Rights when some of the 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. During the debates about the ratification of the Constitution, the Federalists argued against the addition of a bill of rights. They believed that listing specific rights could enlarge the powers specified in Article One, Section 8 of the Constitution by implication. Alexander Hamilton and James Madison shared this view, with Hamilton asking, "Why declare that things shall not be done which there is no power to do?". Madison also expressed concern that enumerating various rights could "enlarge the powers delegated by the constitution".
The Anti-Federalists, on the other hand, persisted in favour of a bill of rights during the ratification debates. They argued that a bill of rights should be added to the Constitution. In response to their demands, James Madison created a series of twelve proposed amendments to be added to the Constitution, one of which became the Ninth Amendment. Madison's initial proposal was to integrate the new stipulations into the original language of the Constitution rather than creating a separate list of amendments. However, after meeting with a Select Committee, his proposals were rephrased into a list of amendments, including the enumerated rights having its own listing.
In modern times, the applicability and purpose of the Ninth Amendment have been interpreted in various ways. Some argue that the enumerated rights refer to the "collective rights" of citizens, while others contend that it covers every possible right expressed and implied by the Constitution, the Declaration of Independence, and various bills of rights from the Revolutionary period. The Ninth Amendment has rarely played a significant role in US constitutional law and was often considered "forgotten" or "irrelevant" by legal academics until the 1980s.
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The Ninth Amendment and the Supreme Court
The Ninth Amendment to the United States Constitution was ratified on December 15, 1791. It clarifies that the document does not enumerate every citizen's right and that unnamed rights are entitled to protection by law. The amendment states:
> "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
The Ninth Amendment was introduced during the drafting of the Bill of Rights when 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. Despite this, the Ninth Amendment has rarely played a role in US constitutional law and was often considered "forgotten" or "irrelevant" until the 1980s.
In United Public Workers v. Mitchell (1947), the Ninth Amendment was cited, but the US Supreme Court held that the rights contained in the Ninth and Tenth Amendments could not be used to challenge the government's enumerated powers. The Supreme Court stated that:
> "If granted power is found, necessarily the objection of invasion of those rights, reserved by the Ninth and Tenth Amendments, must fail."
Some scholars have disagreed with the Court's reasoning, while others have supported it. The Ninth Amendment has often been paired with other amendments in Supreme Court rulings and has rarely stood alone.
In Griswold v. Connecticut (1965), the Ninth Amendment was used to support the implicit right to privacy within marriage, which predated the Constitution. The Court held that the First, Third, Fourth, Ninth, and Fourteenth Amendments protect this right to privacy. Justice Arthur Goldberg wrote in his concurrence that the Ninth Amendment was sufficient authority to support the Court's finding of a fundamental right to marital privacy.
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The Ninth Amendment and the Founding Fathers
The Ninth Amendment to the United States Constitution, also known as Amendment IX, addresses the rights retained by the people that are not specifically listed in the Constitution. It is part of the Bill of Rights, which was proposed by the First Congress of the United States on September 25, 1789, and ratified on December 15, 1791.
The text of 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." This means that the Constitution should not be interpreted in a way that denies or disrespects the rights of the people just because they are not explicitly mentioned in the document.
The Ninth Amendment was introduced during the drafting of the Bill of Rights when some of the Founding Fathers, known as Anti-Federalists, argued for the inclusion of a bill of rights. They believed that a bill of rights was necessary to protect the rights of the people and ensure that powers not granted to the federal government were retained by the states or the people themselves. James Madison, often referred to as the "Father of the Constitution," played a crucial role in addressing these concerns. He initially proposed that the enumerated rights be integrated into the original language of the Constitution. However, after further discussions, his proposals evolved into a list of amendments, including the Ninth Amendment.
The Founding Fathers' intent behind the Ninth Amendment was to ensure that future generations would not argue that a right did not exist simply because it was not listed in the Bill of Rights. This amendment reinforces the understanding that the Constitution is not a comprehensive list of all citizens' rights and that unnamed rights are still entitled to legal protection. The Ninth Amendment has rarely been invoked in U.S. constitutional law, and until the 1980s, it was often considered "forgotten" or "irrelevant" by legal scholars. However, in certain cases, such as Griswold v. Connecticut (1965), the Ninth Amendment was cited to support a right to privacy that was not explicitly enumerated in the Bill of Rights.
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Frequently asked questions
The Ninth Amendment (Amendment IX) to the United States Constitution addresses rights, retained by the people, that are not specifically enumerated in the Constitution. It is part of the Bill of Rights.
The text of the Ninth Amendment is as follows: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
The Ninth Amendment was introduced during the drafting of the Bill of Rights when some of the American founders became concerned that future generations might argue that, because a certain right was not listed in the Bill of Rights, it did not exist. The Amendment was proposed by James Madison and ratified on December 15, 1791.
