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The Ninth Amendment to the United States Constitution, also known as Amendment 9, is part of the Bill of Rights and was ratified on December 15, 1791. The amendment clarifies that the Constitution does not enumerate all the rights of citizens 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. While the Ninth Amendment has rarely played a significant role in US constitutional law, it has been interpreted and debated in various ways and has been cited in Supreme Court cases related to privacy rights and civil liberties.
| Characteristics | Values |
|---|---|
| Date of Ratification | 15 December 1791 |
| Purpose | To assert that the document is not a comprehensive list of every right of the citizen, and that unnamed rights are entitled to protection by the law |
| Text | "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people" |
| Origin | Debates surrounding the Constitution's ratification, in response to Anti-Federalists' demand for a bill of rights |
| Interpretation | The amendment has been interpreted in different ways, with some arguing it refers to "collective rights" and others contending it encapsulates every possible right expressed and implied by the Constitution and other declarations |
| Role in U.S. Constitutional Law | Limited; until the 1980s, it was often considered "forgotten" or "irrelevant" |
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What You'll Learn
The Ninth Amendment's historical context
The Ninth Amendment to the United States Constitution was introduced during the drafting of the Bill of Rights. It was proposed by Congress in 1789 and ratified as the Ninth Amendment on December 15, 1791.
The Amendment was a response to the Anti-Federalists' demand for a bill of rights to be added to the Constitution. The Anti-Federalists argued that a bill of rights was necessary to prevent too much power from being vested in the federal government. In contrast, the Federalists believed that the Constitution had already created a limited central government and that enumerating protected rights would be a possible detriment to individual liberties. They asserted that if a bill of rights was created, it would imply that those would be the only rights the citizenry would have.
The Ninth Amendment was intended to address Federalist fears that expressly protecting certain rights might implicitly sanction the infringement of other rights. It clarifies that the Constitution does not enumerate all possible rights and that unnamed rights are still entitled to protection by law. This understanding of unenumerated rights closely resembles the relationship between common law and legislation, where common law governs in the absence of contrary legislation.
The 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 listing of certain rights in the Constitution does not deny or disparage other rights retained by the people that are not specifically listed.
Despite its inclusion in the Bill of Rights, the Ninth Amendment has rarely played a significant role in US constitutional law. Until the 1980s, it was often considered "forgotten" or "irrelevant" by legal scholars. However, Supreme Court decisions in the 20th century have interpreted it as supporting newer civil rights arguments, including marital privacy, abortion, and anti-discrimination.
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The Amendment's interpretation
The Ninth Amendment to the United States Constitution, also known as Amendment 9, was proposed by Congress in 1789 and ratified on December 15, 1791. The Amendment reads 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 clarifies that the Constitution does not contain a comprehensive list of citizens' rights and that unnamed rights are still legally protected. It addresses the concern that future generations might argue that a right does not exist because it is not listed in the Bill of Rights.
The Amendment has been interpreted in various ways, with some arguing that it refers to the "collective rights" of citizens, while others contend that it encompasses every right expressed and implied by the Constitution, the Declaration of Independence, and various bills of rights from the Revolutionary period. Some scholars, like journalist Brian Doherty, have argued that the Ninth Amendment recognises that individuals are born with more rights than any constitution could ever list.
Despite the differing interpretations, there is a consensus regarding the origin of the Ninth Amendment. It emerged from debates during the ratification of the Constitution, where opponents of ratification ("Anti-Federalists") demanded the inclusion of a bill of rights. Supporters of the Constitution ("Federalists") argued that a bill of rights was unnecessary and could even be dangerous, implying that any rights not listed were surrendered to the government. However, James Madison, a Federalist, pledged to offer amendments after ratification, and the Ninth Amendment was subsequently added to address these concerns.
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The Amendment's legal effect
The Ninth Amendment to the United States Constitution, which was ratified on December 15, 1791, has been the subject of much debate and interpretation regarding its legal effect. The 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 does not provide an exhaustive list of citizens' rights and that unnamed rights are still legally protected. The Ninth Amendment was introduced during the drafting of the Bill of Rights to address concerns that future generations might argue that rights not listed in the Bill of Rights did not exist.
The legal effect of the Ninth Amendment has been a subject of dispute among constitutional scholars and judges. While it has rarely been relied upon by the Supreme Court as a primary source of law, it has emerged as a secondary source of liberties, particularly in extending privacy rights. In Griswold v. Connecticut (1965), Justice Arthur Goldberg based his concurring opinion on the Ninth Amendment, stating that it supported a right to marital privacy, even though this right was not explicitly enumerated in the Bill of Rights.
Some scholars, like journalist Brian Doherty, argue that the Ninth Amendment recognises natural rights that individuals are born with and that these rights cannot be comprehensively listed or specified in the Constitution. In contrast, others, such as Robert Bork, have criticised the Ninth Amendment as being too vague and open to interpretation. Bork initially likened the amendment to an inkblot during his Supreme Court confirmation hearing, suggesting that judges should not attempt to interpret its meaning.
The Ninth Amendment also plays a role in interpreting the relationship between unenumerated natural rights and positive law. This interpretation suggests a middle ground between two extremes: one denying protection to any right not explicitly listed in the Constitution, and the other claiming unwritten natural rights that cannot be overridden by legislation. The Ninth Amendment, in this context, recognises that certain rights may exist even if they are not explicitly mentioned in the Constitution.
In summary, while the Ninth Amendment has not been frequently used as a primary legal argument, it has had a significant legal effect by shaping the understanding of unenumerated rights and extending privacy rights. It continues to be a subject of interpretation and debate among legal scholars and judges.
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The Amendment's applicability
The Ninth Amendment to the United States Constitution, also known as the Enumerated Rights of the People, was proposed by Congress in 1789 and ratified on December 15, 1791. The Amendment clarifies that the Constitution does not enumerate all the rights of citizens exhaustively and that unnamed rights are also protected by law.
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 just because a right is not specifically listed in the Constitution, it does not mean that it does not exist or is not protected. The Amendment was introduced during the drafting of the Bill of Rights to address the concerns of some American founders, who worried that future generations might argue that if a right was not listed, it did not exist.
The Ninth Amendment has been interpreted in various ways and has rarely played a significant role in US constitutional law. While it has been used as a secondary source of liberties, particularly in relation to privacy rights, there is much dispute among constitutional scholars about its precise meaning and legal effect. 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 been invoked in Supreme Court cases such as Griswold v. Connecticut (1965), where Justice Arthur Goldberg based his concurring opinion on the Ninth Amendment, stating that it supported a right to marital privacy, even though this right is not explicitly enumerated in the Bill of Rights. In United Public Workers v. Mitchell (1947), the Supreme Court held that the Ninth and Tenth Amendments could not be used to challenge the government's enumerated powers.
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The Amendment's role in privacy rights
The Ninth Amendment to the United States Constitution, which was ratified on December 15, 1791, is part of the Bill of Rights. It states that the document does not provide an exhaustive list of citizens' rights, and that unnamed rights are also entitled to legal protection. 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 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 has played a role in privacy rights, with the Supreme Court holding in Griswold v. Connecticut (1965) that the 9th and 14th amendments support a right to privacy, despite this not being explicitly enumerated in the Bill of Rights. 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.
The Ninth Amendment has been interpreted in various ways, with some arguing that it refers to the "collective rights" of citizens, while others contend that it covers every right expressed or implied by the Constitution, the Declaration of Independence, and various bills of rights from the Revolutionary period. Despite this ambiguity, there is a consensus that the amendment was intended to address the concern that, without explicit mention, certain rights might be assumed not to exist.
The Ninth Amendment has rarely been a primary source of legal argumentation, and until the 1980s was often considered "forgotten" or "irrelevant". However, in recent times, it has been used as a secondary source of liberties, and has contributed to the extension of privacy rights. Supreme Court decisions throughout the 20th century have laid the foundation for newer civil rights arguments, including those related to marital privacy, abortion, and anti-discrimination.
The Ninth Amendment's role in privacy rights is significant, as it provides a basis for the recognition of rights beyond those explicitly mentioned in the Constitution. It ensures that the absence of explicit enumeration does not deny or disparage the existence and protection of other rights, including the right to privacy.
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Frequently asked questions
The Ninth Amendment to the United States Constitution, part of the Bill of Rights, was ratified on December 15, 1791.
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."
The purpose of the Ninth Amendment was to assert that the listing of certain rights does not deny or disparage the existence of other rights. It clarifies that the Constitution is not a comprehensive list of every right of the citizen, and that unnamed rights are also entitled to protection by law.
The Ninth Amendment has been interpreted in different ways and has rarely played a significant role in U.S. constitutional law. However, it has been used as a secondary source of liberties, particularly in extending privacy rights. The amendment has been invoked in Supreme Court cases, such as Griswold v. Connecticut (1965), to support a right to privacy that is not explicitly enumerated in the Bill of Rights.
