Malcolm Rivera
The Ninth Amendment (Amendment IX) to the United States Constitution addresses rights retained by the people that are not specifically mentioned in the Constitution. It is part of the Bill of Rights, the first ten amendments to the Constitution. The Ninth Amendment states that the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. This amendment was introduced during the drafting of the Bill of Rights to address concerns that future generations might argue that a right does not exist if it is not listed in the Constitution. The Ninth Amendment has been interpreted as rooting the Constitution in a natural rights tradition, recognising that people are born with rights beyond those explicitly listed in the Constitution.
| Characteristics | Values |
|---|---|
| Date passed by Congress | 25 September 1789 |
| Date ratified | 15 December 1791 |
| Part of | The Bill of Rights |
| Purpose | Addressing rights retained by the people that are not specifically enumerated in the Constitution |
| Reason | Concern that future generations might argue that a right does not exist if it is not listed in the Bill of Rights |
| Role in US constitutional law | Limited; considered "forgotten" or "irrelevant" until the 1980s |
| Interpretation | The Ninth Amendment roots the Constitution in a natural rights tradition, recognising that people are born with more rights than any constitution could list |
| Application | Not applied against the states by the Fourteenth Amendment; does not constitute an independent source of rights protected from infringement by the states or federal government |
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What You'll Learn
The Ninth Amendment and the Bill of Rights
The Ninth Amendment (Amendment IX) to the United States Constitution is part of the Bill of Rights. The first ten amendments to the US Constitution form the Bill of Rights, which was passed by Congress on September 25, 1789, and ratified on December 15, 1791.
The Ninth Amendment addresses the rights retained by the people that are not specifically enumerated in the Constitution. 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."
This means that just because a right is not listed in the Constitution, it does not mean that the people do not retain that right. 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, it did not exist.
The Ninth Amendment has rarely played a role in US constitutional law and was often considered "forgotten" or "irrelevant" by legal academics until the 1980s. In the case of United Public Workers v. Mitchell (1947), the US Supreme Court held that the rights contained in the Ninth Amendment could not be used to challenge the exercise of enumerated powers by the government.
Journalist Brian Doherty has argued that the Ninth Amendment "specifically roots the Constitution in a natural rights tradition that says we are born with more rights than any constitution could ever list or specify." This interpretation suggests that the Ninth Amendment recognises the existence of unenumerated natural rights that are separate from and independent of the Constitution.
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The Ninth Amendment's role in US constitutional law
The Ninth Amendment (Amendment IX) to the United States Constitution addresses rights retained by the people that are not specifically mentioned in the Constitution. It is part of the Bill of Rights, which consists of the first ten amendments to the Constitution.
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 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 Ninth Amendment, therefore, recognises the existence of rights beyond those explicitly mentioned in the Constitution.
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. In the case of United Public Workers v. Mitchell (1947), the US Supreme Court held that the Ninth Amendment could not be used to challenge the government's exercise of its enumerated powers.
Despite its limited direct application in case law, the Ninth Amendment is significant in recognising the concept of unenumerated rights and reinforcing the protection of fundamental liberties not specifically mentioned in the Constitution. Journalist Brian Doherty has argued that the Ninth Amendment "specifically roots the Constitution in a natural rights tradition that says we are born with more rights than any constitution could ever list or specify." This interpretation aligns with the understanding of unenumerated natural rights, which closely resembles the relationship between common law and legislation, where common law governs in the absence of contrary legislation.
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The Ninth Amendment and natural rights
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 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 Ninth Amendment clearly rebutted the possible presumption that enumeration of some rights precluded the recognition of others. By its terms, it provides that the enumeration of specific rights should not be “construed to deny or disparage” other rights. According to journalist Brian Doherty, the Ninth Amendment "specifically roots the Constitution in a natural rights tradition" that says we are born with more rights than any constitution could ever list or specify..
The Ninth Amendment has rarely played a role in US constitutional law and, until the 1980s, was often considered "forgotten" or "irrelevant" by many legal academics. In United Public Workers v. Mitchell (1947), the US Supreme Court held that rights contained in the 9th or 10th amendments could not be used to challenge the government's exercise of its enumerated powers.
Libertarian originalist Randy Barnett argues that the Ninth Amendment requires a "presumption of liberty" and prevents the government from invalidating rulings by juries or lower courts through strict interpretation of the Bill of Rights. According to Barnett, "The purpose of the Ninth Amendment was to ensure that all individual natural rights had the same stature and force after some were enumerated as they had before.".
Gun rights activists have argued for a fundamental natural right to keep and bear arms that predates the US Constitution and is covered by the Ninth Amendment. Thirty-three states have constitutions with language identical to the Ninth Amendment, often called "Baby Ninth Amendments". State courts have often interpreted these provisions to protect unenumerated rights, including the right to earn a living, the right to open a school, and the right to refuse medical treatment.
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The Ninth Amendment and federal power
The Ninth Amendment (Amendment IX) to the United States Constitution was passed by Congress on September 25, 1789, and ratified on December 15, 1791. It is part of the Bill of Rights, which comprises the first ten amendments to the Constitution.
The Ninth Amendment addresses the rights retained by the people that are not specifically enumerated in the Constitution. It states that the "enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." In other words, just because a right is not listed in the Constitution does not mean that it does not exist. This amendment was introduced to address the concern that future generations might argue that certain rights did not exist because they were not explicitly listed in the Bill of Rights.
The Ninth Amendment has rarely played a significant role in US constitutional law. Until the 1980s, many legal academics considered it "forgotten" or "irrelevant". In the case of United Public Workers v. Mitchell (1947), the US Supreme Court held that the rights contained in the Ninth Amendment could not be used to challenge the government's exercise of its enumerated powers.
Despite its limited direct application in case law, the Ninth Amendment is significant in indicating that not all fundamental liberties are specifically mentioned in the first eight amendments of the Bill of Rights. This amendment highlights the existence of other fundamental personal rights, now protected from infringement by both state and federal governments due to the subsequently enacted Fourteenth Amendment.
The Ninth Amendment also underscores the relationship between unenumerated natural rights and positive law. This relationship mirrors the interplay between common law and legislation, where common law governs in the absence of contrary legislation and can guide or limit the interpretation of ambiguous statutes. The Ninth Amendment thus offers a middle ground in the jurisprudence of unenumerated rights, acknowledging that there may be unwritten natural rights that judges must ultimately determine and protect, even against the will of the people's representatives.
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The Ninth Amendment and the states
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, which consists of the first ten amendments to 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 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 Ninth Amendment ensures that the absence of a right in the Constitution does not mean that the people do not retain that right.
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. In the case of United Public Workers v. Mitchell (1947), the US Supreme Court held that the Ninth Amendment could not be used to challenge the government's exercise of enumerated powers.
The Ninth Amendment is relevant in showing the existence of fundamental personal rights that are now protected from infringement by both the states and the federal government. While the Ninth Amendment originally concerned restrictions upon federal power, the subsequently enacted Fourteenth Amendment extended these protections to the states as well. The Fourteenth Amendment, passed by Congress in 1866 and ratified in 1868, states that:
> "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
The Ninth Amendment ensures that the federal Bill of Rights does not affect provisions in state law that restrain state governments. It affirms the principle that the powers not delegated to the federal government by the Constitution are reserved to the states or to the people.
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Frequently asked questions
Amendment IX of the Constitution, also known as the Ninth Amendment, addresses rights retained by the people that are not specifically mentioned in the Constitution.
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 does not exist if it is not listed in the Bill of Rights.
No, the Ninth Amendment has rarely been used in U.S. constitutional law and was often considered "forgotten" or "irrelevant" by legal academics until the 1980s.
