What do some judges say the 9th Amendment is intended to be?
Asked by: Eusebio Kshlerin | Last update: February 2, 2026Score: 4.1/5 (71 votes)
Judges view the Ninth Amendment as a safeguard for fundamental, unenumerated rights retained by the people, preventing the government from claiming that only listed rights exist, but its application as a standalone source of rights is debated; some see it as a rule of interpretation ensuring unenumerated rights (like privacy in Griswold v. Connecticut) are protected, while others view it as primarily limiting federal power, ensuring rights in state law aren't lost, or as guaranteeing equal protection for both enumerated and unenumerated rights.
What do some judges say the Ninth Amendment is intended to be?
Evaluating the five models in light of this evidence establishes that the Ninth Amendment actually meant at the time of its enactment what it appears now to say: the unenumerated rights that people possessed prior to the formation of government and which they retain should be accorded the same protection as those ...
Which is the main idea in the Ninth Amendment?
A main idea of the Ninth Amendment is that people have unenumerated rights—fundamental rights not explicitly listed in the Constitution—and the enumeration of specific rights does not mean other rights retained by the people should be denied or ignored, protecting liberties like privacy. It ensures the Bill of Rights isn't an exhaustive list, safeguarding personal freedoms not detailed in the text.
Which best explains the purpose of the Ninth Amendment?
The purpose of the Ninth Amendment was to ensure that all individual natural rights had the same stature and force after some of them were enumerated as they had before; and its existence argued against a latitudinarian interpretation of federal powers.
How is the 9th Amendment used in Court?
The Right of Privacy
In the 1960's, the Court first relied on the Ninth Amendment to enforce unenumerated rights as limits on state powers. The Court made this move in the landmark case of Griswold v. Connecticut (1965). The majority opinion, written by Justice William O.
The Ninth Amendment | US government and civics | Khan Academy
What is an example of the 9th Amendment in real life?
The Ninth Amendment protects unenumerated rights, meaning rights not specifically listed in the Constitution but retained by the people, with real-life examples including the right to privacy (Griswold v. Connecticut - birth control), right to marry, right to vote, right to travel, and choices about one's own body, like abortion (Roe v. Wade), showing how it underpins modern personal freedoms against government overreach, often paired with other amendments.
Why is the 9th Amendment considered to be controversial?
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 are the key principles of the 9th Amendment?
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.
What is the 9th Amendment in simple terms Quizlet?
The 9th Amendment limits the states from reducing any privileges or immunities of United States citizens. It also forbids the states from depriving any citizen of property, liberty, or life without legal reasoning.
Why did the founding fathers make the 9th Amendment?
The Ninth Amendment was designed in part to clear out the ambiguity surrounding rights that went unaddressed, yet in so doing produced centuries of historical and political inquiry as to how these rights exist in American society.
How to explain the 9th Amendment to a child?
The 9th Amendment is like a safety net for your rights: it means you have important rights, like privacy or deciding about your own body, even if they aren't written down in the Constitution, and the government can't take them away just because they aren't listed. It's a reminder that the Bill of Rights isn't a complete list of everything people can do, and there are other rights that belong to you and your family that the government must respect.
Who wrote the Ninth Amendment?
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.
Which best explains the purpose of the Ninth Amendment brainly?
The purpose of the Ninth Amendment, therefore, is best described as:"to ensure personal rights not stated". This amendment addresses the concern that by listing certain rights, other fundamental natural rights might be ignored or deemed unprotected.
Which best explains the purpose of the Ninth Amendment Quizlet?
Which is a main idea in the Ninth Amendment? Privacy rights must be respected, unless forbidden by the state law. Some rights are not included in the Constitution, but are still protected. Certain rights are included in the Constitution and should be protected.
Which does the Ninth Amendment limit brainly?
The Ninth Amendment addresses the rights of people, that are not specifically written in the previous amendments. In other words, it limits the power of the government by stating that if a right is not listed in the Constitution, that does not mean that that right does not exist.
What is the 9th constitutional amendment Act?
The 12th December, 1960. THE CONSTITUTION (NINTH AMENDMENT) ACT, 1960 [28th December, 1960.] An Act further to amend the Constitution of India to give effect to the transfer of certain territories to Pakistan in pursuance of the agreements entered into between the Governments of India and Pakistan.
Which best explains the Ninth Amendment?
The Ninth Amendment states that listing specific rights in the Constitution doesn't mean other rights retained by the people don't exist, essentially protecting unenumerated rights like privacy and bodily autonomy, ensuring the government can't deny or disparage these fundamental, unlisted freedoms, acting as a safeguard against a narrow interpretation of the Bill of Rights.
What is a real life example of Amendment 9?
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.
Which is a main idea in the Ninth Amendment Edgenuity?
The main idea of the Ninth Amendment is that it protects unenumerated rights, indicating that rights not specifically mentioned in the Constitution are still retained by the people.
What is the purpose of section 9 of the Constitution?
9. (1) Everyone is equal before the law and has the right to equal protection and benefit of the law. (2) Equality includes the full and equal enjoyment of all rights and freedoms.
Which statement best summarizes the meaning of the Ninth Amendment?
Ninth Amendment to the United States Constitution
It states that the enumeration of certain rights in the Constitution does not mean that other rights not listed are not protected. Therefore, the correct description from the provided options is that it protects rights not specifically listed in the Constitution.
What are the 7 basic principles of the Constitution?
The Seven Principles of the U.S. Constitution
- Popular Sovereignty. (Literal meaning: rule by the people) The people give the government its power. ...
- Republicanism. ...
- Federalism. ...
- Separation of Powers. ...
- Checks and Balances. ...
- Limited Government. ...
- Individual Rights.
Has the 9th Amendment ever been violated?
The Hatch Act violated the Ninth and 10th amendments, he said. At first glance, the 1947 Mitchell ruling as given by Justice Stanley Reed sounds sensible enough: The powers granted by the Constitution to the Federal Government are subtracted from the totality of sovereignty originally in the states and the people.
What does amendment 9 mean in kid words?
The 9th Amendment is like a safety net for your rights: it means you have important rights, like privacy or deciding about your own body, even if they aren't written down in the Constitution, and the government can't take them away just because they aren't listed. It's a reminder that the Bill of Rights isn't a complete list of everything people can do, and there are other rights that belong to you and your family that the government must respect.
What is the most controversial constitutional amendment?
The 42nd Constitutional Amendment Act, 1976 is one of the most significant and controversial amendments to the Constitution of India, often referred to as the “Mini Constitution” due to the extensive and wide-ranging changes it introduced.