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Learning objectives

By the end of this section, you will be able to:

  • Describe how the Ninth and Tenth Amendments reflect on our other rights
  • Identify the two senses of “right to privacy” embodied in the Constitution
  • Explain the controversy over privacy when applied to abortion and same-sex relationships

As this chapter has suggested, the provisions of the Bill of Rights    have been interpreted and reinterpreted repeatedly over the past two centuries. However, the first eight amendments are largely silent on the status of traditional common law, which was the legal basis for many of the natural rights claimed by the framers in the Declaration of Independence. These amendments largely reflect the worldview of the time in which they were written; new technology and an evolving society and economy have presented us with novel situations that do not fit neatly into the framework established in the late eighteenth century.

In this section, we consider the final two amendments of the Bill of Rights and the way they affect our understanding of the Constitution as a whole. Rather than protecting specific rights and liberties, the Ninth and Tenth Amendments indicate how the Constitution and the Bill of Rights should be interpreted, and they lay out the residual powers of the state governments. We will also examine privacy rights, an area the Bill of Rights does not address directly; instead, the emergence of defined privacy rights demonstrates how the Ninth and Tenth Amendments have been applied to expand the scope of rights protected by the Constitution.

The ninth amendment

We saw above that James Madison and the other framers were aware they might endanger some rights if they listed a few in the Constitution and omitted others. To ensure that those interpreting the Constitution would recognize that the listing of freedoms and rights in the Bill of Rights was not exhaustive, the Ninth Amendment states:

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

These rights “retained by the people” include the common-law and natural rights inherited from the laws, traditions, and past court decisions of England. To this day, we regularly exercise and take for granted rights that aren’t written down in the federal constitution, like the right to marry, the right to seek opportunities for employment and education, and the right to have children and raise a family. Supreme Court justices over the years have interpreted the Ninth Amendment in different ways; some have argued that it was intended to extend the rights protected by the Constitution to those natural and common-law rights, while others have argued that it does not prohibit states from changing their constitutions and laws to modify or limit those rights as they see fit.

Critics of a broad interpretation of the Ninth Amendment point out that the Constitution provides ways to protect newly formalized rights through the amendment process. For example, in the nineteenth and twentieth centuries, the right to vote was gradually expanded by a series of constitutional amendments (the Fifteenth and Nineteenth), even though at times this expansion was the subject of great public controversy. However, supporters of a broad interpretation of the Ninth Amendment point out that the rights of the people—particularly people belonging to political or demographic minorities—should not be subject to the whims of popular majorities. One right the courts have said may be at least partially based on the Ninth Amendment is a general right to privacy, discussed later in the chapter.

Questions & Answers

what's the difference between a Senate house and the parliament
Irene Reply
wat is decentralization
Irene Reply
Good question? its another way of emphasizing locality as a first principle value. assumed is self suffiency, sustainability, redundancy in critical systems but most of all it represents an individual citizens liberty; our rights, a dependence from and freedom from centralized power.
Lance
tnx
Irene
it's also assumed that this freedom is critical to our ability and advantages to be resilient. our full capacity to adapt w out any headwinds or yoke from an over reaching central world power as found in empires and dynasties or for example global neoliberalism virus.
Lance
Well said Lance! It's easy to forget how decentralized our government is. Local people have skin in the game.
Micah
Is it possible for a serious third party to emerge in the United States, positioned ideologically between the Democrats on the left and the Republicans on the right? Why or why not?
Richard Reply
Yes it's possible, but with the two-party system not likely. Here is why: when you have a strong right wing and a strong left wing the results you actually get are closer to the center. In fact, the point of having two parties is to keep the argument going and produce these centrist results.
Micah
meaning of civil service
Omohowho Reply
create the most between the competing value of indivualism and limited government
Dora Reply
civil liberties basic freedoms while civil rights are basic right to free from discrimination based on characteristics of race, disability, color national origin, gender, and other..
Sexy Reply
yes I think so
Omohowho
what is the categories of federalism
Official Reply
hi
Austin
yh
Irene
what is racism
Favour Reply
international political economy
Diana Reply
I'm not sure what this app is again, I'm over worked, tired, alone and I have a slight cold. my neighbor jumped me and sucker punched me yesterday, and today I'm trying to keep the tooth that took the hit. My exwife is in jail, her trailer impounded, and the dogs are @ The City Pound. 😢😥😴
Shannon
you sure it's a cold 😷 not covid 19
Don
well I think the Real Truth About COVID-19 Is... Alchohol, the info and numbers all line up. AA has infiltrated the US Government. And Since I'm Getting into Recovery for Drugs and I'm No longer an Alcoholic, it's a conspiracy to keep me from using Alchohol to aid in my Drug Recovery. But ....
Shannon
let's just keep this between us. ;) No Ask No Tell, OK?
Shannon
I know nothing but here's a little secret from a recovering alcoholic/addict once an alcoholic always an alcoholic you can treat the symptoms but never be cured I wish you the best of luck tho my friend if you ever need someone to help you through a rough spot let me know
Don
Ya shuts this is coming to me from an government app you'll help me right dawn on to my face and then laugh at me and say you bring it all on your self I'll be sure to call on you when I need help like to 200.00 a month and can't work the help you already give me shure thing
Luretta
what's are the features,merits and demerits of power
Emmanuela Reply
the most loyal supporters of democrats are
Paulina Reply
the intent to push polls is to
Ivan Reply
I cannot seem to find a clear answer to why the house is stronger than the senate, and every guess I make the check answer says is wrong.
girunit Reply
What is foreign policy
WONDERS Reply
What is government
WONDERS
What is a supreme court
WONDERS
Who is a solicitor
WONDERS
Three majors the National Liberation council adopted to transfer powers to the civilian government
Boateng
What is bureaucracy
WONDERS Reply

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Source:  OpenStax, American government. OpenStax CNX. Dec 05, 2016 Download for free at http://cnx.org/content/col11995/1.15
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