Bill of Rights – Ninth Amendment – Protection of Other Rights Not Enumerated

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The Ninth Amendment, or Amendment IX of the United States Constitution is the section of the Bill of Rights that states that there are other rights that may exist aside from the ones explicitly mentioned, and even though they are not listed, it does not mean they can be violated. The Ninth Amendment of the Bill of Rights was put into the United States Constitution on September 5, 1789 and was voted for by 9 out of 12 states on December 15, 1791

The Ninth Amendment was James Madison’s attempts to ensure that the Bill of Rights was not seen as granting to the people of the United States only the specific rights it addressed.  In recent years, some have interpreted it as affirming the existence of such “unenumerated” rights outside those expressly protected by the Bill of Rights.

Today, the Ninth Amendment is used mainly to stop the government from expanding their power rather than just limiting their power. Sometimes, courts try to use the Ninth Amendment as a way to provide and enforce rights that are not actually talked about in the Constitution.

The Ninth Amendment is a part of the Bill of Rights introduced by James Madison.

  • There is no evidence about which rights Madison or the other Founding Fathers were talking about when they said there were others that are protected.
  • Unlike many of the other amendments in the Bill of Rights, the Ninth Amendment does not actually give any rights, but rather just makes a statement about them.
  • The first significant Supreme Court case where the justices considered the Ninth Amendment was Griswold v. Connecticut in 1965 by discussing the right to privacy.

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