Malcolm Rivera
The Ninth Amendment to the United States Constitution was ratified on December 15, 1791, by three-fourths of the states. The amendment addresses rights retained by the people that are not specifically enumerated in the Constitution. It is part of the Bill of Rights, which was proposed to address the concerns of Anti-Federalists who demanded a bill of rights during the ratification debates. James Madison, a Federalist, proposed a series of amendments to be added to the Constitution, including what would become the Ninth Amendment.
| Characteristics | Values |
|---|---|
| Date of Ratification | 15 December 1791 |
| Amendment Number | IX |
| Part of | Bill of Rights |
| Purpose | To assert the principle that the enumerated rights are not exhaustive and final and that the listing of certain rights does not deny or disparage the existence of other rights |
| Text of the Amendment | The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people |
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What You'll Learn
The Ninth Amendment was ratified on December 15, 1791
The Ninth Amendment to the United States Constitution was ratified on December 15, 1791. It is a part of the Bill of Rights and was introduced during its drafting 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.
The Ninth Amendment addresses 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.
The Ninth Amendment sought to address Federalist fears that enumerating certain rights might implicitly sanction the infringement of other rights. Alexander Hamilton and James Madison shared these concerns. Madison proposed a series of twelve amendments to be added to the Constitution, one of which became the Ninth Amendment. In a speech introducing the Bill of Rights, he said:
> It has been said, by way of objection to a bill of rights ... that in the Federal Government they are unnecessary, because the powers are enumerated, and it follows, that all that are not granted by the constitution are retained; that the constitution is a bill of powers, the great residuum being the rights of the people; and, therefore, a bill of rights cannot be so necessary as if the residuum was thrown into the hands of the Government. I admit that these arguments are not entirely without foundation, but they are not as conclusive to the extent it has been proposed.
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.
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It addresses rights retained by the people
The Ninth Amendment to the United States Constitution became part of the Constitution on December 15, 1791, upon ratification by three-fourths of the states. It is a part of the Bill of Rights, which consists of the first ten amendments to the Constitution.
The Ninth Amendment addresses 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 sought to address Federalist fears that expressly protecting certain rights might implicitly sanction the infringement of other rights.
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. James Madison, in presenting his proposed amendments to the House of Representatives in 1789, addressed this concern, which he considered to be one of the most plausible arguments against the admission of a bill of rights into the system. Madison suggested that this concern could be guarded against by the text that became the Ninth Amendment.
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. The courts have generally not regarded the Ninth Amendment as either limiting governmental power or justifying its expansion. However, some jurists and legal scholars have argued that the Ninth Amendment requires a presumption of liberty and prevents the government from invalidating rulings by lower courts through strict interpretation of the Bill of Rights.
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It is part of the Bill of Rights
The Ninth Amendment was ratified on December 15, 1791, and is part of the United States Constitution's Bill of Rights. The amendment addresses rights retained by the people that are not specifically enumerated in the Constitution. It clarifies that the document is not an exhaustive list of every right held by citizens.
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. The Anti-Federalists, who were in favour of a bill of rights, also opposed its ratification. Consequently, several state ratification conventions gave their assent with accompanying proposals for amendments. In 1788, the Virginia Ratifying Convention attempted to address this issue by proposing a constitutional amendment. This proposal ultimately led to the Ninth Amendment.
The Ninth Amendment sought to address Federalist fears that expressly protecting certain rights might implicitly sanction the infringement of others. Alexander Hamilton and James Madison shared these concerns, and Madison proposed a series of amendments to be added to the Constitution. Madison's proposals were referred to a Select Committee, and after a second meeting, they were rephrased into a list of amendments, including the enumerated rights in the Ninth Amendment.
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 means that the listing of certain rights does not deny or disparage the existence of other rights. However, the amendment does not directly affirm the existence of these rights, and its applicability and purpose have been the subject of much debate and interpretation.
While the Ninth Amendment has rarely played a role in US constitutional law, it has emerged as important in the extension of privacy rights.
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It was introduced during the drafting of the Bill of Rights
The Ninth Amendment to the United States Constitution was introduced during the drafting of the Bill of Rights. It became part of the Constitution on December 15, 1791, upon ratification by three-fourths of the states.
The Amendment addresses rights retained by the people that are not specifically enumerated in the Constitution. It was designed to address Federalist fears that expressly protecting certain rights might implicitly sanction the infringement of other rights. The Federalists argued that because the national government had limited and enumerated powers, there was no need to protect individual rights expressly. Alexander Hamilton wrote in The Federalist Papers, "Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given [in the Constitution] by which restrictions may be imposed?".
James Madison, on the other hand, proposed a series of twelve amendments to be added to the Constitution, including what became the Ninth Amendment. He argued that enumerating particular exceptions to the grant of power could disparage those rights not included in the enumeration. Madison's proposal was referred to a Select Committee, of which he was made a member.
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 means that the listing of certain rights does not deny or disparage the existence of other rights. However, the Amendment does not directly affirm the existence of these rights, and its applicability and purpose have been the subject of much debate and interpretation.
In the 20th century, Supreme Court decisions based on the Ninth Amendment were interpreted as foundational steps for newer civil rights arguments, including marital privacy, abortion, and anti-discrimination.
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It was a response to Anti-Federalists' demand for a bill of rights
The Ninth Amendment to the United States Constitution was ratified on December 15, 1791. It was introduced during the drafting of the Bill of Rights and became a part of it. The Ninth Amendment addresses rights retained by the people that are not specifically enumerated in the Constitution.
During the ratification debates, Anti-Federalists vehemently opposed the ratification of the 1787 Constitution. They argued for a bill of rights to protect individual liberties, fearing that the new national government would be too powerful and threaten individual liberties. They believed that enumerating specific rights would disparage those not included and imply that they were surrendered to the government. George Mason, for instance, proposed the addition of a bill of rights, stating that it would "give great quiet to the people".
In response to the Anti-Federalists' demands, Federalists like James Madison and Alexander Hamilton countered with a pledge to offer amendments after ratification. Madison introduced 12 amendments during the First Congress in 1789, 10 of which were ratified by the states and became the Bill of Rights. Madison's initial proposal regarding enumerated rights suggested integrating the new stipulations into the original language of the Constitution. However, after meeting with a Select Committee, his proposals were rephrased into a list of amendments, including the enumerated rights in a separate listing.
The Ninth Amendment, as ratified, states: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." This amendment sought to address Federalist fears that expressly protecting certain rights might implicitly sanction the infringement of other rights. Madison's proposal, which became the Ninth Amendment, acknowledged the importance of rights beyond those specifically enumerated, ensuring that the absence of a right from the Bill of Rights did not imply its non-existence or insecurity.
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Frequently asked questions
The Ninth Amendment was ratified on December 15, 1791.
The Ninth Amendment is a part of the Bill of Rights. It addresses rights retained by the people that are not specifically enumerated in the Constitution.
The purpose of the Ninth Amendment is to assert the principle that the enumerated rights are not exhaustive and final and that the listing of certain rights does not deny or disparage the existence of other rights.
