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Ninth Amendment: Non-enumerated Rights Of The Citizens

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By Author: GetLegal
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The ninth amendment was added to the U.S constitution on 15th December 1791, and was in the Bill of rights. The amendment specifies that the rights that are not mentioned in the U.S constitution belong to the people of the U.S, not to the government of the U.S. That is the enumeration of certain rights in the constitution should not deny or downgrade or disparage other rights of the people.

In simple words, it can be s that the rights of the people of the U.S are not limited to the constitution.
The amendment was proposed keeping in mind that it’s impossible to add all the rights concerning the people so it was stated that the rights that are not mentioned or enumerated in the constitution will be considered as the rights of the people and government will have no power over it.

History of Ninth Amendment:

Earlier there was a debate and argument for including the Bill of rights in the constitution. On the demand of the Anti-Federalist, the Bill of rights was added to the constitution as they believed that too much power will be given to the federal government and then the government will try to control and limit the rights and freedom of the people.

At the same time, some of the states feared that adding the Bill of rights to the constitution would prove to be dangerous, as it would be impossible to mention every right of the people in the constitution, and in such case, the powers would be given to the government and the government would limit the freedom of the people that are not listed in the constitution. Then there arises the need of drafting such an amendment that would consider all the unremunerated rights of the people.

It was James Madison who drafted the Amendment making it clear that the rights of the people are not limited to only written in the constitution.

The ninth amendment thus was made to clarify that the rights of the people are not limited to those enumerated in the constitution and the rights mentioned in the constitution would not exhaust the unmentioned rights.

Examples of cases that included the Ninth Amendment:
Griswold v. State Of Connecticut case of 1965 focused on the rights of married couples. The supreme court ruled that married couples have the right to use contraceptives for birth control without the restriction of the government.
The Connecticut “Comstock law” mentioned that it was illegal and a crime to use contraceptives for birth control and suggesting anyone do so was also considered a crime. And for this Griswold and Buxton were fined $ 1000.

But the supreme court made it clear that the birth control law of Connecticut was unconstitutional for the rights of the people. The decision relied on the 4th and the 5th amendment but the opinion of Justice Arthur Goldberg was based on the 9th amendment.

Eisenstadt v. Baird case of 1972 in which the supreme court ruled that unmarried couples have the right to use contraceptives for birth control as like the married one’s.

In this case, William Braid was charged for distributing contraceptive foam for birth control and the Massachusetts Law states that the contraceptives should be distributed only by registered doctors or pharmacists and that too only to married people.

Roe v. Wade case of 1973 in which the supreme court made a decision that restricts the government from interfering in women’s freedom and right to opt for an abortion.

The Ninth Amendment to the U.S Constitution focuses on all the rights of the citizens that are not mentioned in the constitution of the U.S. The amendment basically restricts the government from expanding its power. It is one of the least used amendments in the ruling of the supreme court.

For more information visit: https://www.getlegal.com/legal-info-center/legal-research/u-s-constitution/9th-amendment/

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