How has the 9th amendment been used?

Asked by: Rodrigo Botsford  |  Last update: August 10, 2022
Score: 4.2/5 (36 votes)

The Ninth Amendment was first used by the Supreme Court to define an “unenumerated right” in the case of Griswold v. Connecticut (1965). The right to privacy is not referred to anywhere in the Bill of Rights. However, in deciding Griswold, the Court found that the right was indeed protected by the Constitution.

How has the Ninth Amendment been used in court?

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. In this case, a minority of three justices were able to agree on one Ninth Amendment right.

What is an example of the 9th amendment being used?

One example of the 9th Amendment is the Roe vs. Wade court case legalizing abortion. 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.

Why is the 9th amendment important today?

The Ninth Amendment tells us that the existence of a written constitution should not be treated as an excuse for ignoring nontextual rights, but it also tells us that the advocates of these rights cannot rest on ancient constitutional text to establish their existence.

How does the 9th amendment affect my life?

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 ...

The Ninth Amendment Explained: The Constitution for Dummies Series

22 related questions found

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.

How Does the Ninth Amendment protect individual rights?

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 that are specified in the Constitution are not the only ones people should be limited to.

Is smoking protected by the 9th Amendment?

The right to smoke would certainly be covered under the 9th Amendment. But, by extension, so is the right to snort cocaine; but it is illegal, and notjust at the state level.

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 would happen if we didn't have the 9th Amendment?

The Ninth Amendment was passed along with nine others that together became known as the Bill of Rights in 1791. There was a huge concern that without written rights, the national government would obtain too much power and become oppressive.

How can the 9th amendment be violated?

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.

Which does the Ninth Amendment limit?

The Ninth Amendment limits the ability of the national government to infringe non-enumerated rights.

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.

Can you sue your neighbor for smoking in California?

In California, you can sue for up to $10,000 in small claims court. Remember that lawsuits like this can be costly, time consuming, and damaging to relationships. You should consult a lawyer before making the decision to sue and consider whether bringing the lawsuit is worth the trouble.

Is it illegal to smoke cigarettes in a house with a child in California?

In the state of California, whether or not smoking influences child custody orders depends on the circumstances of your case. A judge may order that no one smokes around the child or that there be no smoking 24 to 48 hours before the child arrives in a home.

Is it a human right to smoke?

This is a referred to as a 'qualified right', meaning it does not override the protection of the health and freedom of others. Tobacco smoke is a Class A carcinogen, and exposure to second-hand smoke causes direct harm to non-smokers.

How is abortion a right to privacy?

In the 1973 landmark case Roe v. Wade, the Supreme Court applied the core constitutional principle of privacy and liberty to a woman's ability to terminate a pregnancy. In Roe, the Court held that the constitutional right to privacy includes a woman's right to decide whether to have an abortion.

How has the government protected the right to privacy?

Fourth Amendment: Protects the right of privacy against unreasonable searches and seizures by the government. Fifth Amendment: Provides for the right against self-incrimination, which justifies the protection of private information.

What is the common purpose of the Ninth and Tenth Amendments?

What is the common purpose of the Ninth and Tenth amendments? They protect the rights of noncitizens.

Why was the Ninth Amendment created?

The Ninth Amendment was James Madison's attempt to ensure that the Bill of Rights was not seen as granting to the people of the United States only the specific rights it addressed.

What is the most liked amendment?

Of these first 10 amendments, the First Amendment is arguably the most famous and most important. It states that Congress can pass no law that encroaches on an American freedom of religion, freedom of speech, freedom of the press, freedom to assemble and freedom to petition the government.

How do the Ninth and Tenth amendments limit the power of government?

Whereas the Ninth Amendment provides that the enumeration of certain rights in the Constitution does not deny or disparage other unenumerated rights retained by the people, the Tenth Amendment clearly reserves to the states those powers that the Constitution neither delegates to the federal government nor prohibits to ...

What are the 3 most important amendments?

The ten important amendments
  • 1 st Freedoms of Religion, Speech, Press, Assembly, and Petition. description. ...
  • 2nd Right to Bear Arms. description. ...
  • 3rd Lodging troops in private homes. ...
  • 4th Search and Seizure. ...
  • 5th Rights of the Accused. ...
  • 6th Right to Speedy Trial by Jury. ...
  • 7th Jury Trial in Civil Cases. ...
  • 8th Bail and Punishment.

What are some 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.