Ninth Amendment to the United States Constitution

The Ninth Amendment to the United States Constitution is part of the Bill of Rights and was ratified on December 15, 1791. It addresses rights, retained by the people, that are not specifically enumerated in the Constitution. The text of the Ninth Amendment is brief, stating: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

Background

The inclusion of the Ninth Amendment was largely influenced by the fear that the new national government might seek to expand its powers by construing the enumeration of rights in the Constitution as an exhaustive list. This concern was voiced by several of the Founding Fathers of the United States, including James Madison, who is often credited with drafting the amendment. Madison and others believed that a bill of rights was necessary to protect individual liberties against potential government overreach.

Interpretation

The interpretation of the Ninth Amendment has been a subject of debate since its ratification. Some view it as a rule of construction that dictates how the Constitution should be interpreted: rights not enumerated should not be assumed to be non-existent. Others see it as an affirmation of the existence of unenumerated rights that are protected from government interference.

The Supreme Court of the United States has occasionally referenced the Ninth Amendment in its rulings, but it has rarely served as the sole basis for a decision. One of the most notable cases in which the Ninth Amendment was discussed is Griswold v. Connecticut (1965), where the Court held that the amendment, in combination with the Due Process Clause of the Fourteenth Amendment, protects a right to privacy, even though this right is not explicitly mentioned in the Constitution.

Controversy and Debate

The Ninth Amendment remains one of the most controversial and least understood amendments. Critics argue that its broad language can lead to the recognition of an unlimited number of rights, making it difficult to govern. Proponents, however, argue that the amendment is crucial for protecting individual liberties against the tyranny of the majority and the overreach of federal power.

Impact

Despite its lack of specific enumeration, the Ninth Amendment has played a crucial role in the development of American constitutional law, particularly in the areas of privacy rights and the doctrine of substantive due process. It serves as a reminder that the rights of the people extend beyond those explicitly mentioned in the Constitution.

See Also

• Bill of Rights
• United States Constitution
• James Madison
• Griswold v. Connecticut
• Due Process Clause
• Fourteenth Amendment