Simone Lawson
The Ninth Amendment to the United States Constitution was added out of concern that it would be impossible to mention every fundamental right enjoyed by Americans, and dangerous to imply that any specific list of rights was complete. The amendment became part of the Constitution on December 15, 1791, and 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, the Ninth Amendment acknowledges that Americans have other fundamental rights beyond those directly named in the Bill of Rights.
| Characteristics | Values |
|---|---|
| Date added | December 15, 1791 |
| Reason | To address Anti-Federalists' concerns about a bill of rights |
| Purpose | To ensure that the enumeration of specific rights does not deny the existence of other rights |
| Interpretation | The Ninth Amendment provides a constitutional safety net, guaranteeing Americans fundamental rights beyond those listed in the Bill of Rights |
| Judicial effect | The amendment has been interpreted differently by judges, with some denying its judicially-enforced legal effect and others advocating for a "federalism" approach |
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What You'll Learn
Anti-Federalists' demands for a bill of rights
The Anti-Federalists' demands for a bill of rights were a significant factor in the addition of the Ninth Amendment to the US Constitution. The Anti-Federalists argued that a bill of rights was necessary to protect individual liberties and prevent government overreach. They believed that enumerating specific rights would ensure that those not mentioned remained in the hands of the people, rather than the government.
During the ratification debates, the Anti-Federalists persisted in their calls for a bill of rights, even as they opposed the ratification of the Constitution itself. This led to several state ratification conventions proposing amendments alongside their assent, including the Virginia Ratifying Convention in 1788. The Virginia proposal aimed to address the concern raised by Alexander Hamilton and other Federalists that a bill of rights might inadvertently expand congressional powers.
James Madison, a key figure in the Constitutional Convention, initially shared the Federalists' concerns. He worried that enumerating specific rights could imply the denial of others not mentioned. However, he eventually proposed a series of amendments, including what would become the Ninth Amendment. In his speech introducing the Bill of Rights, Madison acknowledged the Anti-Federalists' arguments, stating that the Constitution's enumeration of certain rights should not be interpreted to deny or disparage other rights retained by the people.
The final text of the Ninth Amendment reflects Madison's draft and the Anti-Federalists' demands. It addresses the great residuum of rights, ensuring that the government's powers are limited and that unenumerated rights are retained by the people. The Ninth Amendment became part of the Constitution on December 15, 1791, upon ratification by three-fourths of the states. It serves as a reminder that Americans possess fundamental rights beyond those explicitly listed in the Bill of Rights.
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Federalist opposition to a bill of rights
During the debates about the ratification of the Constitution, Federalists opposed the addition of a bill of rights. One of their arguments was that a listing of rights could problematically enlarge the powers specified in Article One, Section 8 of the new Constitution by implication. Alexander Hamilton, for instance, asked, "Why declare that things shall not be done which there is no power to do?". James Madison, in a similar vein, explained to Thomas Jefferson, "I conceive that in a certain degree ... the rights in question are reserved by the manner in which the federal powers are granted" by Article One, Section 8 of the Constitution. Madison also shared Hamilton's concern that enumerating various rights could "enlarge the powers delegated by the constitution".
Federalists believed that the Constitution already ensured individual rights for citizens and that a "Bill of Rights" was therefore unnecessary. They also believed that the omission of certain rights from a bill of rights could set a dangerous precedent—if an individual right was not mentioned, that omission could imply that the individual did not possess that right. Federalists also argued that bills of rights had historically been useless when they were most needed; in times of crisis, they had been overridden.
Federalists further asserted that when the people formed their state constitutions, they delegated to the state all rights and powers which were not explicitly reserved by the people. In contrast, in the U.S. Constitution, the people or the states retained all rights and powers that were not positively granted to the federal government. In short, everything not given was reserved. Federalists also believed that the new federal government could in no way endanger the freedoms of the press or religion since it was not granted any authority to regulate either.
To address Federalist concerns that the omission of certain rights could cause citizens to lose rights, Congress included the ability to add amendments to the Constitution.
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James Madison's proposed amendments
During the debates on the ratification of the Constitution, the Anti-Federalists argued for the addition of a bill of rights. James Madison initially opposed this, explaining to Thomas Jefferson that:
> I conceive that in a certain degree ... the rights in question are reserved by the manner in which the federal powers are granted by Article One, Section 8 of the Constitution.
However, Madison later proposed 19 amendments to the Constitution in 1789, which were consolidated and trimmed down to 12 by the Senate. These were approved by Congress and sent out to the states by President Washington.
Madison's original 19 amendments were grouped differently from their final adopted form, and different paragraphs were combined or separated into different amendments during debate. Ultimately, he proposed nine amendments, most of which were reworked into 12 amendments adopted by Congress. Of these 12, 11 were ratified, although one took until 1992.
Madison's nine original amendments included:
- Alterations to the preamble to make it clearer that all ultimate power derives from the people.
- Changes to wording in Article Two regarding the number of Representatives and how many people they could represent. If adopted, this change would have capped House seat sizes at 50,000.
- That pay raises voted on by Congress couldn't come into effect until after the next election.
The Ninth Amendment, which became part of the Constitution on December 15, 1791, upon ratification by three-fourths of the states, states:
> 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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The Ninth Amendment's unenumerated rights
The Ninth Amendment to the United States Constitution, which came into effect on December 15, 1791, addresses the "unenumerated rights" retained by the people—those that are not explicitly mentioned in the Constitution. The amendment states: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
The inclusion of the Ninth Amendment was a response to concerns raised by Anti-Federalists during the ratification debates. They advocated for a bill of rights to be added to the Constitution, arguing that it was necessary to protect individual liberties. However, Federalists like Alexander Hamilton and James Madison initially opposed the idea, cautioning that enumerating specific rights could inadvertently enlarge the powers of the federal government and imply that unenumerated rights were not retained by the people.
Madison, recognizing the validity of the Anti-Federalists' arguments, proposed a series of amendments to address this issue. The Ninth Amendment, in its final form, affirms that the mention of specific rights in the Constitution does not negate or diminish the importance of other rights not explicitly listed. It serves as a constitutional safety net, guaranteeing that Americans possess fundamental rights beyond those directly named in the Bill of Rights.
The interpretation and applicability of the Ninth Amendment have been the subject of debate and judicial interpretation. While the courts have generally not viewed it as a limitation or expansion of governmental power, the amendment has been invoked in landmark Supreme Court cases, such as Griswold v. Connecticut (1965), where the Court found a "right to privacy" within the Constitution, and Roe v. Wade (1973), where Justice Harry A. Blackmun referenced the Ninth Amendment's reservation of rights to the people in the context of a woman's right to choose.
The Ninth Amendment's broad language highlights the challenge of defining and interpreting unenumerated rights. It leaves room for interpretation and adaptation to evolving societal needs and values, allowing for a flexible understanding of rights beyond the explicit guarantees in the Constitution.
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The Amendment's judicial interpretation
The Ninth Amendment to the United States Constitution was ratified on December 15, 1791. The amendment was added to address concerns raised by the Anti-Federalists during the ratification debates, who argued for the inclusion of a bill of rights. The Federalists, including Alexander Hamilton, opposed this idea, arguing that enumerating specific rights could imply that those not mentioned were not retained by the people.
James Madison, in response to these concerns, proposed a series of amendments, including what would become the Ninth Amendment. The final 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 addresses the great residuum of rights that are not explicitly mentioned in the Constitution but are nonetheless retained by the people.
The judicial interpretation of the Ninth Amendment has been a subject of debate, with some scholars arguing that it provides a constitutional safety net, guaranteeing fundamental rights beyond those listed in the Bill of Rights. The Supreme Court has interpreted the amendment as protecting certain rights, such as the right to privacy in Griswold v. Connecticut (1965) and Roe v. Wade (1973). However, Justice Antonin Scalia has argued against giving the amendment any judicially-enforced legal effect, stating that it does not affirm any specific rights.
The Ninth Amendment has also been interpreted through the lens of "federalism," with scholars like Kurt Lash and Randy Barnett arguing that it mandates the equal protection of enumerated and unenumerated rights. Barnett further suggests that the amendment limits the implied powers of Congress under the Necessary and Proper Clause. The amendment's broad language has been seen as raising questions about the extent of Americans' rights, leaving room for interpretation and ongoing debate.
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Frequently asked questions
The Ninth Amendment is part of the United States Constitution, which addresses the fact that Americans have fundamental rights beyond those listed in the Bill of Rights.
The Ninth Amendment was added to the Constitution to ease the concerns of Anti-Federalists who wanted a bill of rights to be added to the Constitution. The Federalists, on the other hand, argued that a bill of rights would dangerously imply that those would be the only rights the citizenry would have.
The text of the Ninth 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."
