The Ninth Amendment
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." The Ninth Amendment
provides authorization for the Supreme Court to recognize rights other
than those explicitly enumerated in the Constitution. This
Amendment was included in response to an argument by the Federalists that
enacting a Bill of Rights could potentially have the effect of reducing
individual liberty, as it could give the impression that anything not
proscribed by the Constitution was allowed. As the
federal government is limited to certain enumerated powers, it is
forbidden from taking any action not provided for by the Constitution.
The proponents of the Bill of Rights recognized the
potential for the federal government to expand beyond its original
strictly limited role, and determined that it was better to protect
some rights strongly and others weakly than not to protect any
directly. The Supreme Court has used the authority of this
Amendment to recognize unenumerated rights under the doctrine of substantive due process.
Know Your Rights
- Amendment I
- Freedom of speech, assembly, and religion
- Amendment II
- Right to bear arms
- Amendment IIII
- Quartering of soldiers
- Amendment IV
- Freedom from unreasonable searches and seizures
- Amendment V
- Right against self-incrimination, double jeopardy, uncompensated takings; due process of law
- Amendment VI
- Right to speedy and public jury trial; right to confront witnesses; right to counsel
- Amendment VII
- Right to jury in civil trials
- Amendment VIII
- Prohibition of cruel and unusual punishment and excessive bail
- Amendment IX
- Reterntion of unenumerated rights by the people
- Amendment X
- Rights reserved by the states
- Amendment XIV
- Right to citizenship, due process of law, equal protection of the laws