How can the 9th amendment be violated?Asked by: Theodora Rolfson | Last update: August 26, 2022
Score: 4.6/5 (54 votes)
Justice Black viewed the Ninth Amendment ground as essentially a variation of the due process argument under which Justices claimed the right to void legislation as irrational, unreasonable, or offensive, without finding any violation of an express constitutional provision. 8.
When was the 9th amendment violated?
U.S. Public Workers v. Mitchell (1947) The Mitchell case involved a group of federal employees accused of violating the then-recently passed Hatch Act, which prohibits most employees of the executive branch of the federal government from engaging certain political activities.
What can the 9th amendment not do?
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Why is the 9th amendment controversial?
Controversies. Controversies over the Ninth Amendment stem mainly from whether the Amendment has the power to grant previously unmentioned rights as the Court discovers them. Griswold v. Connecticut seems to point towards this interpretation, but the majority opinion only cited the Fifth Amendment, not the Ninth.
What is a modern day example of the 9th Amendment?
Two other examples of the 9th Amendment are the right to vote and the right to privacy. Americans have the right to vote in any election. Also, the right to privacy is for individuals or couples to have the right to privacy within their personal lives without government interference.
Retained by the People: The Ninth Amendment
What are examples of unenumerated rights?
The Supreme Court has found that unenumerated rights include such important rights as the right to travel, the right to vote, and the right to keep personal matters private.
What does the 9th amendment mean in kid words?
The Ninth Amendment was part of the Bill of Rights that was added to the Constitution on December 15, 1791. It says that all the rights not listed in the Constitution belong to the people, not the government. In other words, the rights of the people are not limited to just the rights listed in the Constitution.
Who was against the 9th Amendment?
Interestingly, 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.
Are there any major Court cases concerning the 9th Amendment?
In a few cases, the amendment provided general added support for specific constitutional rights. But no Supreme Court majority has ever precisely identified the rights “retained by the people” through the Ninth Amendment. The amendment did not even undergo any serious analysis in a Supreme Court decision until 1965.
Is the Ninth Amendment vague?
The Ninth Amendment's Legacy
Indeed, because the Ninth Amendment is so vague, it has never been used by itself in a Supreme Court case decision. But it should be remembered that the amendment was intended to be vague. In fact, it is probably best understood as a statement of fact, rather than as a useful legal tool.
What rights are protected by the Ninth Amendment?
Because the rights protected by the Ninth Amendment are not specified, they are referred to as “unenumerated.” The Supreme Court has found that unenumerated rights include such important rights as the right to travel, the right to vote, the right to keep personal matters private and to make important decisions about ...
Which best describes how unenumerated rights?
Which best describes how unenumerated rights differ from procedural and substantive rights? Unenumerated rights apply only to the states.
Why is the 9th amendment important in the protection of individual rights?
Why is the 9th Amendment important in the protection of individual rights? Because it declares that rights exist beyond those listed in the Constitution. Which constitutional provision sets up, in Thomas Jefferson's words, "a wall of separation between church and state"?
How does the 9th amendment protect privacy?
The Ninth Amendment says that the "enumeration in the Constitution of certain rights shall not be construed to deny or disparage other rights retained by the people." This has been interpreted as justification for broadly reading the Bill of Rights to protect privacy in ways not specifically provided in the first eight ...
Why would the right to privacy implied in the Ninth Amendment not protect an individual writing blog?
Why would the right to privacy implied in the Ninth Amendment not protect an individual writing a blog? The information is freely given to others. The writer may express dangerous ideas. The information may be unreliable or untruthful.
Which is the least important amendment?
The Third Amendment seems to have no direct constitutional relevance at present; indeed, not only is it the least litigated amendment in the Bill of Rights, but the Supreme Court has never decided a case on the basis of it.
Which right does the Ninth Amendment protect quizlet?
Terms in this set (8)
Which right does the Ninth Amendment protect? the right to personal privacy.
Do I have the right to bear arms?
The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Such language has created considerable debate regarding the Amendment's intended scope.
What amendment is cruel and unusual punishment?
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Which of the following amendments would have protected this person against the situation he is describing quizlet?
Which of the following amendments would have protected this person against the situation he is describing? The 5th Amendment right to avoid self-incrimination.
What are the two types of due process violations?
Due process under the Fifth and Fourteenth Amendments can be broken down into two categories: procedural due process and substantive due process.
Which best describes how unenumerated rights differ from pro?
Which best describes how unenumerated rights differ from procedural and substantive rights? Unenumerated rights are not listed in the Constitution. Which best describes why some people such as James Madison thought that the Bill of Rights was unnecessary? Rights that were not listed would be unprotected.
Does Ninth Amendment apply to states?
The Supreme Court held in Barron v. Baltimore (1833) that the Bill of Rights was enforceable by the federal courts only against the federal government, not against the states. Thus, the Ninth Amendment originally applied only to the federal government, which is a government of enumerated powers.
How does the 9th amendment limit the power of the government?
The Ninth Amendment tells us that just because the Constitution lists certain important limitations on federal power, this doesn't mean that the federal government has otherwise unlimited power, or, as the Ninth Amendment puts it, "The enumeration in the Constitution, of certain rights, "shall not be construed to deny ...