Eleanor Finch
The Ninth Amendment to the United States Constitution, part of the Bill of Rights, was introduced to address concerns that future generations might argue that certain rights did not exist because they were not listed in the Bill of Rights. The amendment asserts that the listing of specific rights does not deny or disparage the existence of other rights retained by the people. While the Ninth Amendment has rarely played a significant role in US constitutional law and was once considered forgotten or irrelevant, it has emerged as important in extending privacy rights and affirming the existence of unenumerated rights outside those expressly protected by the Bill of Rights.
| Characteristics | Values |
|---|---|
| Introduced during the drafting of the Bill of Rights | To address concerns that future generations might argue that a right did not exist if it was not listed |
| Ensures that the Bill of Rights is not seen as granting only the specific rights it addresses | Affirms the existence of "unenumerated" rights outside those expressly protected by the Bill of Rights |
| Supports a right to privacy | The 9th and 14th Amendments were used to support a right to privacy, which is not explicitly enumerated in the Bill of Rights |
| Addresses the protection of individual rights | To assert that enumerated rights are not exhaustive and that listing certain rights does not deny or disparage the existence of other rights |
| Indicates the character of other rights | Madison's speech introducing the Bill of Rights indicated that powers not granted by the Constitution are retained |
| Interpretations | Some scholars interpret it as affirming unenumerated rights, while others argue it does not establish their existence |
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What You'll Learn
- The 9th Amendment affirms the existence of unenumerated rights
- It ensures the Bill of Rights is not seen as granting only the rights it addresses
- The Amendment supports a right to privacy
- It asserts the principle that the listing of rights is not exhaustive
- The 9th Amendment has been used as a secondary source of liberties
The 9th Amendment affirms the existence of unenumerated rights
The Ninth Amendment to the United States Constitution, introduced in 1789 and ratified in 1791, affirms the existence of rights beyond those explicitly mentioned 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 amendment was proposed by James Madison, who sought to address concerns that the Bill of Rights granted only the specific rights it listed. Madison and other founders worried that future generations might argue that any right not listed in the Bill of Rights did not exist. The Ninth Amendment, therefore, asserts the principle that the rights enumerated in the Constitution are not exhaustive, and the listing of certain rights does not deny or disparage the existence of other rights.
The interpretation of the Ninth Amendment has been a subject of debate among legal scholars and Supreme Court justices. Some scholars argue that it affirms the existence of "unenumerated" rights, while others, like Louis Michael Seidman, claim that it neither establishes nor denies the existence of these rights. The Ninth Amendment has rarely played a significant role in US constitutional law, and until the 1980s, it was often considered "forgotten" or "irrelevant".
However, in recent years, the Ninth Amendment has gained some prominence 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 privacy, even though this right is not explicitly enumerated in the Bill of Rights. This interpretation of the Ninth Amendment as protecting unenumerated rights, such as the right to privacy, represents a significant development in the amendment's legal and historical significance.
In conclusion, the Ninth Amendment to the US Constitution affirms the existence of rights beyond those specifically mentioned. While it has been interpreted in various ways, the amendment serves as a reminder that the Bill of Rights is not an exhaustive list of the rights retained by the people. The Ninth Amendment's acknowledgment of unenumerated rights helps safeguard individual liberties and ensures that the Constitution remains a living document capable of adapting to evolving societal needs and values.
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It ensures the Bill of Rights is not seen as granting only the rights it addresses
The Ninth Amendment to the United States Constitution was introduced during the drafting of the Bill of Rights. It was proposed by James Madison in 1789 and ratified as the Ninth Amendment in 1791.
The purpose of the Ninth Amendment was to ensure that the Bill of Rights was not seen as granting only the specific rights it addressed. The Anti-Federalists, who urged the addition of a bill of rights, feared that without one, too much power would be vested in the federal government. They argued that a bill of rights should be added to the Constitution to protect individual rights.
James Madison shared these concerns, stating that enumerating particular exceptions to the grant of power could disparage those rights that were not included in the enumeration. He believed that the Constitution was a bill of powers, and that all rights not granted by the Constitution were retained by the people. Madison's initial draft of the Ninth Amendment praised the "just importance" of unenumerated rights, but this was removed by the House committee that considered the 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." In other words, just because a right is not listed in the Bill of Rights does not mean that it does not exist. This interpretation is supported by the language and history of the Ninth Amendment, which reveals that the Framers of the Constitution believed in the existence of additional fundamental rights beyond those specifically mentioned in the first eight constitutional amendments.
Despite the importance of its role, the Ninth Amendment has rarely played a significant part in U.S. constitutional law. Until the 1980s, it was often considered "forgotten" or "irrelevant" by legal academics. However, in recent years, it has been interpreted as affirming the existence of "unenumerated" rights outside those expressly protected by the Bill of Rights.
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The Amendment supports a right to privacy
The Ninth Amendment to the United States Constitution, proposed by Congress in 1789 and later ratified, reads: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." 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 Amendment is a constitutional safety net intended to make clear that individuals have other fundamental rights in addition to those listed in the First through Eighth Amendments. Some of the framers had raised concerns that because it was impossible to list every fundamental right, it would be dangerous to list just some of them, for fear of suggesting that the list was complete. This group of framers opposed a bill of rights entirely and favoured a more general declaration of fundamental rights.
The rights protected by the Ninth Amendment are not specified and are referred to as "unenumerated". The Supreme Court has found that these unenumerated rights include important rights such as the right to privacy, the right to travel, the right to vote, and the right to make important decisions about one's health care or body.
In Griswold v. Connecticut (1965), the Court held that the Ninth Amendment was sufficient authority on its own to support the Court's finding of a fundamental right to marital privacy. Justice Arthur Goldberg wrote in his concurrence that "the Ninth Amendment is an independent source of individual rights, including the right to privacy."
The Ninth Amendment has rarely played a significant role in U.S. constitutional law, and until the 1980s was often considered "forgotten" or "irrelevant" by many legal academics. However, the Amendment continues to serve as a reminder that the rights listed in the Constitution are not exhaustive and that individuals retain other fundamental rights, including the right to privacy.
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It asserts the principle that the listing of rights is not exhaustive
The Ninth Amendment to the United States Constitution was introduced during the drafting of the Bill of Rights. It asserts that the listing of rights in the Constitution is not exhaustive, and that other rights are retained by the people, even if they are not specifically mentioned. This was an attempt to address the concerns of some of the American founders, who worried that future generations might argue that if a right was not listed, it 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." This means that just because a right is not specifically listed in the Constitution, it does not mean that the people do not have that right. The amendment also states that the listing of certain rights should not be used to diminish the importance of other rights retained by the people or to enlarge the powers delegated by the Constitution.
The Ninth Amendment was proposed by James Madison, who was concerned that enumerating specific rights could imply that only those rights were granted to the people, and that any rights not listed were "consequently insecure". Madison's initial draft of the amendment praised the "just importance" of unenumerated rights, but this language was removed by a House committee. The amendment was ratified in 1791 as part of the Bill of Rights.
Despite the intentions behind the Ninth Amendment, it has rarely played a significant role in US constitutional law. For many years, it was considered "forgotten" or "irrelevant" by legal scholars. However, in recent years, it has been interpreted as affirming the existence of unenumerated rights outside those expressly protected by the Bill of Rights. For example, in Griswold v. Connecticut (1965), the Supreme Court held that the Ninth Amendment supported a right to privacy, even though this right is not explicitly mentioned in the Constitution.
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The 9th Amendment has been used as a secondary source of liberties
The Ninth Amendment to the United States Constitution, proposed by Congress in 1789, 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 was introduced during the drafting of the Bill of Rights when some American founders became concerned that future generations might argue that a right that was not listed in the Bill of Rights did not exist. 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 Ninth or Tenth Amendments could not be used to challenge the exercise of enumerated powers by the government. However, some scholars have challenged the Court's reasoning.
In Griswold v. Connecticut (1965), the Court held that the Ninth and Fourteenth Amendments support a right to privacy, which is not enumerated in the Bill of Rights. Justice Arthur Goldberg wrote in his concurrence that the Ninth Amendment was sufficient authority on its own to support the Court's finding of a fundamental right to marital privacy. The two dissenting Justices in Griswold replied that Goldberg was mistaken to invoke the Ninth as authority. Justice Potter Stewart wrote in his dissenting opinion that:
> To say that the Ninth Amendment has anything to do with this case is to turn somersaults with history.
In the decades since the Griswold decision, numerous claims were made in federal filings that additional rights were protected by the Ninth Amendment (almost all were rejected), and there has been considerable debate as to what protections, if any, are guaranteed by it. Some federal courts have used the Ninth Amendment as a guidepost in their decisions, but it still has not been central to any decision. For example, in Roe v. Wade, the District Court ruled in favour of a "Ninth Amendment right to choose to have an abortion", although it stressed that the right was "not unqualified or unfettered". However, Justice William O. Douglas rejected that view, stating that "The Ninth Amendment obviously does not create federally enforceable rights."
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Frequently asked questions
The 9th Amendment, or the Ninth Amendment to the United States Constitution, is part of the Bill of Rights. It states that the people retain rights other than those specifically listed in the Constitution.
The 9th Amendment is important because it asserts that the listing of certain rights does not deny or disparage the existence of other rights. It was introduced to ensure that the Bill of Rights was not seen as granting only the specific rights it addressed.
James Madison is closely associated with the 9th Amendment. He introduced what would become the 9th Amendment to the House of Representatives in 1789, addressing concerns that enumerating particular rights might disparage those that were not included.
The 9th Amendment has been used as a secondary source of liberties, particularly in relation to privacy rights. In Griswold v. Connecticut (1965), Justice Arthur Goldberg based his concurring opinion on the 9th Amendment, stating that it supported a right to privacy.
The 9th Amendment has rarely played a significant role in US constitutional law and has been described as "forgotten" or "irrelevant". While it establishes that other rights exist outside of those listed, it does not explicitly define or enumerate those rights.
