9th Amendment of the Constitution
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
What Is the 9th Amendment?
When the Bill of Rights was added to the United States Constitution following ratification on December 15, 1791, the Ninth Amendment clause was included.
How Can the 9th Amendment Be Summarized?
The Ninth Amendment of the United States Constitution states that the federal government doesn’t own the rights that are not listed in the Constitution, instead, they belong to the people.
This means the rights that are specified in the Constitution are not the only ones the people can claim.
According to the clause, the government shouldn’t disparage the other natural rights of citizens. That is the general issue included in the Ninth Amendment.
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These rights can consist of the right to plant flowers, paint your toenails, and eat what you want, among many others. All these are rights not denied to people just because they aren’t in the Constitution.
Why Was the 9th Amendment Added to the Constitution?
There was a great debate on whether people’s rights were being protected before the Constitution was ratified.
The Anti-Federalists insisted that the Bill of Rights be included in the United States Constitution. They feared that an unchecked powerful federal government would inevitably become tyrannical in nature and oppress the people.
Founding Father James Madison listened to these concerns, and the Ninth Amendment was subsequently included in the Constitution.
However, an essential portion of the original draft that James Madison created was removed by a select committee. It sought to prohibit the federal government from expanding its power even further using interpretation.
This, in turn, made the whole application of the amendment and the purpose it was supposed to serve irrelevant. The intention was for it to be used as the Constitution’s mode of interpretation.
It was supposed to give people the confidence that federal courts wouldn’t create any new government powers through interpretation.
Opposition to the Bill of Rights From Federalists
The Federalists, on the other hand, believed that the Bill of Rights limited the federal government. They argued that individuals’ liberties would possibly turn out to be detrimental if protected rights were enumerated.
The Constitution would also make other liberties lack the protection of their constitutional rights.
The Ninth Amendment was developed to ensure that enumerated rights in the Constitution do not deny any other unenumerated right. When it was first passed, it wasn’t clear what the rights of the amendment were.
Alexander Hamilton and the 9th Amendment
Interestingly, one of the Founding Fathers, Alexander Hamilton, was against the inclusion of the 9th Amendment in the Bill of Rights.
He argued that protecting unnamed rights implied that the government had the power over these rights if it weren’t for the 9th Amendment.
What Does the 9th Amendment Mean Today?
The Ninth Amendment wasn’t mentioned frequently until the mid-1960s since the United States Supreme Court didn’t primarily depend on it.
In fact, the Supreme Court was slightly bemused by the constitutional amendment as there was a strong disagreement about what it could be referring to.
This has happened frequently since the Bill of Rights was enacted and has impacted the Ninth Amendment greatly. It hasn’t been referenced often as a primary source of liberty.
However, it has been crucial in the broadening of people’s constitutional right to privacy.
What Best Explains the Purpose of the Ninth Amendment?
Generally, the Supreme Court tries not to introduce a reference to the 9th Amendment if possible, as its interpretation is so challenging.
However, this is changing as new technology emerges, such as the internet, where many aspects may have to be regulated by the 9th Amendment.
Why Is the 9th Amendment Important?
Many interpretations have emerged, all trying to interpret the Ninth Amendment of the Constitution and its meaning. Some scholars claim that it is affirmative protection of the rights that aren’t included in the Bill of Rights.
Others think that it’s just there to state a platitude. Many people have not paid much attention to the clause at all.
When Did Ratification of the 9th Amendment Take Place?
Amendment IX was ratified on December 15th, 1791, as part of the Bill of Rights, which consisted of the first 10 amendments to the United States Constitution.
Before ratification, there was much discussion in Congress over the suggested text and whether it should be ratified at all. It is sometimes referred to as the Federalists’ Amendment.
9th Amendment Quiz
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