What is an example of amendment 9?Asked by: Scotty Hahn | Last update: July 1, 2022
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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.
How has the 9th amendment been used?
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.
What is the 9th amendment in simple terms?
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.
What are two examples of basic rights that would be protected by the 9th Amendment?
The main purpose of the amendment is to protect individuals' basic rights such as life, liberty, and the pursuit of happiness, which are listed in the Declaration of Independence.
What is an example of Amendment 10?
The Tenth Amendment has been interpreted to mean that the states have all rights not specifically forbidden them or not given to the federal government by the Constitution (the concept of federalism). For example, the state of Missouri can regulate its own school system, but it cannot declare war on France.
The Ninth Amendment Explained: The Constitution for Dummies Series
What are some examples of the 8th Amendment?
- Excessive bail or fines.
- Excessive force or brutal treatment.
- Unsafe prison conditions.
- Unsanitary prison conditions.
Why are the 9th and 10th Amendments important?
The Ninth Amendment protects unenumerated residual rights of the people, and, by the Tenth, powers not delegated to the United States are reserved to the states or the people.
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 ...
What is a violation of the 9th Amendment?
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.
Why do we have 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.
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.
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.
How did the 9th Amendment change American culture?
The passage of the ninth amendment changed American culture and solved the problem it was created to address because the government would not be allowed to take away any rights, even if they aren't in the Constitution and this amendment is still used today.
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.
What is one example of a reserved power that affects your daily life?
What is an example of a reserved power? Reserved powers include running elections, creating marriage laws, and regulating schools.
What are the roles of the Ninth and Tenth Amendments in shaping protection of freedom in the nation and across the states?
The Ninth Amendment says, "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." The Tenth Amendment says, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States ...
How are the 14th and 9th amendment different?
While the 9th amendment addresses the volume of these rights, in the sense that it indicates that people are not only guaranteed the rights listed in the Constitution, the 14th amendment deals with defining who are the citizens who enjoy the constitutionally guaranteed rights and and the concept of equality before the ...
How does the purpose of the Ninth Amendment differ from that of the first eight amendments?
How does the purpose of the Ninth Amendment differ from that of the first eight amendments? address specific rights of the people that the government should not interfere with, while the Ninth Amendment is more general. -Any power not given to the federal government belongs to the states or the people.
What is an example of the 7th Amendment?
For example, the right to a jury trial applies to cases brought under federal statutes that prohibit race or gender discrimination in housing or employment. But importantly, the Seventh Amendment guarantees the right to a jury trial only in federal court, not in state court.
What is an example of violating the 8th Amendment?
William Furman was sentenced to death after he was found guilty of murder while he was attempting to burglarize a house. Furman appealed before the court. According to Justice Potter Stewart, the death penalty was clearly handed out to Furman mainly because he was a black man. Thus, it violated the Eighth Amendment.
What is an example of a cruel and unusual punishment?
Examples of Court Rulings on Cruel and Unusual Punishment
execution of those who are insane. a 56-year term for forging checks totaling less than $500. handcuffing a prisoner to a horizontal bar exposed to the sun for several hours, and. a life-without-parole sentence for a juvenile who has not committed homicide.
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.
Is smoking a freedom?
Number of cigarettes smoked postrelease and perception of the pros of smoking were associated with freedom, but not independence. Conclusions: Associations of smoking as an expression of freedom and independence may negatively influence plans for renewed smoking after a forced abstinence.
Can you sue someone for smoking around you?
In order to successfully sue for a secondhand smoke assault and battery claim, an injured plaintiff must be able to prove the following: That the smoker intentionally made their secondhand smoke touch the plaintiff; The secondhand smoke that touched the plaintiff harmed or offended them; and.