Omar Bennett
The Ninth Amendment to the United States Constitution, part of the Bill of Rights, was proposed by Congress in 1789 and ratified in 1791. It states that the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. The amendment addresses the relationship between unenumerated natural rights and positive law, asserting that the listing of certain rights does not deny or disparage the existence of other rights. While the Ninth Amendment has rarely played a significant role in US constitutional law, it has been used as a secondary source of liberties and has emerged as important in extending privacy rights.
| Characteristics | Values |
|---|---|
| Date proposed by Congress | 25 September 1789 |
| Date ratified | 15 December 1791 |
| Part of | Bill of Rights |
| Purpose | To assert the principle that the listing of certain rights does not deny or disparage the existence of other rights |
| Text | The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people |
| Interpretation | Refers to the natural liberty rights of the people as individuals |
| Role in US constitutional law | Limited |
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What You'll Learn
The Ninth Amendment and the Bill of Rights
The Ninth Amendment of the United States Constitution, part of the Bill of Rights, was passed by Congress on September 25, 1789, and ratified on December 15, 1791. 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 a right did not exist if it was not listed in the Bill of Rights. The Anti-Federalists, who were opponents of the ratification of the Constitution, argued for the inclusion of a bill of rights, fearing that without one, too much power would be given to the federal government. The Federalists, on the other hand, believed that the Constitution had already created a limited central government and that enumerating certain rights might imply that all those not listed were surrendered.
The Ninth Amendment addresses the concern that the enumeration of certain rights in the Constitution could be interpreted as a denial or disparagement of other rights retained by the people. It asserts that the listing of specific rights in the Constitution does not deny or disparage the existence of other rights not explicitly mentioned. In other words, it emphasizes that the rights outlined in the Constitution are not exhaustive and final.
The amendment has rarely played a significant role in U.S. constitutional law and was often considered "forgotten" or "irrelevant" until the 1980s. However, it has been used as a secondary source of liberties and has gained importance in extending privacy rights. In Griswold v. Connecticut (1965), the Supreme Court held that the Ninth and Fourteenth Amendments support a right to privacy, even though it is not explicitly enumerated in the Bill of Rights.
The exact meaning and legal effect of the Ninth Amendment have been the subject of debate among scholars and judges. Some interpret it as recognising natural rights or unenumerated rights that exist alongside those specifically mentioned in the first eight constitutional amendments. Others, like Robert Bork, have argued that judges should not apply the amendment if its meaning is unclear, likening it to an "inkblot". Despite the differing interpretations, the Ninth Amendment stands as a reminder that the Constitution protects a broad range of rights, both enumerated and unenumerated.
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The Ninth Amendment and individual rights
The Ninth Amendment to the United States Constitution, part of the Bill of Rights, was passed by Congress on September 25, 1789, and ratified on December 15, 1791. 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 addresses the relationship between the rights enumerated in the Constitution and the broader universe of unenumerated rights retained by the people. It reflects the understanding that the Constitution does not grant rights but rather recognises and protects pre-existing natural rights inherent to all individuals. The amendment asserts that the listing of specific rights in the Constitution should not be interpreted as a denial or disparagement of other rights not explicitly mentioned.
The Ninth Amendment was introduced during the drafting of the Bill of Rights to address concerns that future generations might argue that if a right was not listed in the Bill of Rights, it did not exist. During the ratification debates, Anti-Federalists advocated for a bill of rights to prevent excessive power from being vested in the federal government. Federalists, on the other hand, argued that enumerating rights could inadvertently limit other liberties not mentioned. The Ninth Amendment was included to assert that the listed rights were not exhaustive and that other rights existed alongside those specifically enumerated.
The 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 United Public Workers v. Mitchell (1947), the US Supreme Court held that the Ninth and Tenth Amendments could not be used to challenge the government's exercise of enumerated powers. However, in Griswold v. Connecticut (1965), Justice Arthur Goldberg based his concurring opinion on Ninth Amendment principles, stating that it supported a right to privacy, even though this right is not explicitly enumerated in the Bill of Rights.
The Ninth Amendment continues to be a subject of debate and interpretation among constitutional scholars and judges. Some argue that it roots the Constitution in a natural rights tradition, recognising that individuals are born with more rights than any constitution could ever fully enumerate. Others have focused on interpreting the phrase "shall not be construed to deny or disparage," exploring the extent to which the amendment affirms specific rights beyond simply acknowledging their existence. Despite the ongoing discussions about its meaning and legal effect, the Ninth Amendment stands as a reminder that the rights of the people are not limited solely to those explicitly enumerated in the Constitution.
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The Ninth Amendment's legal effect
The Ninth Amendment to the United States Constitution was passed by Congress on September 25, 1789, and ratified on December 15, 1791. The amendment was introduced during the drafting of the Bill of Rights, which was added to the Constitution at the urging of the Anti-Federalists, who feared that without one, too much power would be vested in the federal government. 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 amendment's legal effect has been the subject of much debate among scholars and judges, and the courts have rarely relied upon it. Some scholars argue that the Ninth Amendment "specifically roots the Constitution in a natural rights tradition", meaning that individuals are born with more rights than any constitution could ever list or specify. These unenumerated natural rights are similar to the relationship between common law and legislation, where common law governs in the absence of contrary legislation.
The Ninth Amendment has played a role in the extension of privacy rights. In Griswold v. Connecticut (1965), the Supreme Court held that married couples had the right to use birth control. While the majority decision rested on Fourth and Fifth Amendment grounds, Justice Arthur Goldberg based his concurring opinion on the Ninth Amendment, stating that it was sufficient authority to support the Court's finding of a fundamental right to marital privacy.
However, the Ninth Amendment has also been interpreted in a more limited way. In United Public Workers v. Mitchell (1947), the U.S. Supreme Court held that rights contained in the Ninth Amendment could not be used to challenge the exercise of enumerated powers by the government. Robert Bork, an originalist, initially stated that a judge should not apply a constitutional provision if they do not know what it means, comparing the Ninth Amendment to an "inkblot". Later, he subscribed to the interpretation of constitutional historian Russell Caplan, who asserted that the Ninth Amendment was meant to ensure that the federal Bill of Rights would not affect provisions in state law that restrain state governments.
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The Ninth Amendment and natural rights
The Ninth Amendment 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 American founders became concerned that future generations might argue that a right not listed in the Bill of Rights did not exist.
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." In other words, just because a right is not mentioned in the Constitution does not mean that the people do not retain that right.
The Ninth Amendment has rarely played a role in US constitutional law and was often considered "forgotten" or "irrelevant" until the 1980s. However, some scholars and legal experts have argued that it "specifically roots the Constitution in a natural rights tradition", meaning that people are born with more rights than any constitution could ever list or specify. These unenumerated natural rights are closely related to common law and legislation, with common law governing in the absence of contrary legislation.
The Ninth Amendment has been interpreted to protect unenumerated rights, including the right to privacy, the right to keep and bear arms, the right to earn a living, the right to open a school, and the right to refuse medical treatment. These rights are considered "natural rights" that are retained by the people, even if they are not specifically mentioned in the Constitution.
In conclusion, the Ninth Amendment of the US Constitution recognises the existence of natural rights that are retained by the people, even if they are not explicitly enumerated in the document. It ensures that the enumeration of certain rights does not deny or disparage other rights that may not be listed. The amendment has been interpreted to protect a range of unenumerated rights, highlighting its significance in safeguarding individual freedoms and liberties.
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The Ninth Amendment and privacy rights
The Ninth Amendment to the United States Constitution, proposed by Congress in 1789 and later ratified, reads as follows: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." This amendment addresses the concern that enumerating specific rights could limit the extent of personal freedoms. It acknowledges that the American people possess rights beyond those explicitly stated in the Bill of Rights.
The Ninth Amendment plays a role in protecting privacy rights, despite the absence of an explicit constitutional right to privacy. In Griswold v. Connecticut (1965), the Supreme Court's decision recognised a right to marital privacy regarding contraceptive use, with Justice Arthur Goldberg concurring that the Ninth Amendment supported a fundamental right to marital privacy. The Ninth Amendment has been interpreted as justifying a broad reading of the Bill of Rights, protecting privacy rights in ways not enumerated in the first eight amendments.
The Ninth Amendment empowers courts to affirm that citizens have rights beyond those named in the Bill of Rights. Justices Douglas and Goldberg agreed that it protects rights other than those specified in the Constitution, including the right to privacy. They viewed the amendment as a protective provision against government violation of rights. The ruling in Troxel v. Granville (2000) further demonstrated the Ninth Amendment's role as a shield, acknowledging parental rights in family matters and upholding the rights of parents to make decisions about their children.
The interpretation and scope of unenumerated rights under the Ninth Amendment remain subjects of debate as American society evolves. While some scholars argue that the amendment roots the Constitution in a natural rights tradition, recognising rights beyond those listed, others contend that its meaning is unclear, and it has rarely played a significant role in US constitutional law. The Ninth Amendment's relationship with privacy rights showcases the complex interplay between unenumerated rights, common law, and legislative overrides, highlighting the ongoing evolution of privacy rights in the United States.
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Frequently asked questions
The 9th Amendment of the US Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, is part of the Bill of Rights.
The 9th Amendment means that the people retain rights even if they are not specifically listed in the Constitution. It asserts that the listing of certain rights does not deny or disparage the existence of other rights.
The purpose of the 9th Amendment was to address the concerns of Anti-Federalists who believed that without a Bill of Rights, too much power would be given to the federal government. The Federalists, on the other hand, argued that a Bill of Rights could be a detriment to individual liberties.
No, the 9th Amendment has rarely been used in US constitutional law and was often considered "forgotten" or "irrelevant" until the 1980s. The US Supreme Court has never relied solely on the 9th Amendment in its rulings.
There are varying interpretations of the 9th Amendment. Some scholars argue that it recognises natural rights that exist independently of the Constitution. Others focus on the phrase "shall not be construed to deny or disparage", debating the extent to which unenumerated rights are protected.
