The 9th Amendment to the United States Constitution Explained

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Table of Contents

What Is The Ninth Amendment?

When the Bill of Rights was added to the United States Constitution in 1971, the Ninth Amendment clause was part of it. 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, but instead, they belong to citizens. This means the rights in the Constitution are not the only ones people should be limited to. The government shouldn’t disparage the rights of other citizens according to the clause. That is the general issue included in the Ninth Amendment. These rights can consist of the right to plant flowers, the right to paint your toenails, and the right to eat what you want, among many others. All these are rights not denied to people just because they aren’t in the Constitution. The following is the Ninth Amendment of the United States simplified.

Why It Was Added To The Constitution.

There was a great debate on whether people’s rights are being protected before the Constitution was ratified. The Anti-Federalists are the ones that insisted that the Bill of Rights be included in the Constitution. They feared that the federal government would take all the power and oppress other people. Then Jason Madison listened and included The Ninth Amendment in the Constitution. However, an essential portion of the original draft that was created by Madison was removed by a select committee. It was to prohibit the federal government from expanding more 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 From Federalists.

The federalists, on the other hand, believed that the Constitution limited the federal government. They argued that individuals’ liberties would possibly turn out to be detrimental if protected rights are enumerated. The Constitution would also make other liberties to lack the protection of their constitutional rights. This was when the Ninth Amendment was developed to ensure that enumerated rights in the Constitution do not deny other rights that aren’t listed. When it was first passed, it wasn’t clear what the rights on the Amendments were.

People’s Opinions On The Ninth Amendment.

The Ninth Amendment wasn’t mentioned frequently in the mid-1960s since the United States Supreme Court didn’t primarily depend on it. This happened continuously ever since the Bill of Rights was enacted. This impacted the Ninth Amendment so much since then. It hasn’t been referenced often as a primary source of liberty. However, it has been very crucial in the broadening of people’s rights to privacy. Many interpretations have emerged, all trying to interpret the Ninth Amendment of the Constitution and its meaning since many people haven’t been able to do it. Some scholars claim that it is affirmative protection of the rights that aren’t included in the Bill of Rights. For other scholars, they think that it’s just there to state a platitude. While on the other hand, many people have not paid much attention to the clause at all.

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