Ninth Amendment

Jazmin Diaz

The Ninth Amendment as Written in the Constitution

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

Historical Background of the Ninth Amendment

When the Bill of Rights was being written, lawmakers feared that listing specific rights in the Constitution would create a loophole in the Constitution for the government to exploit and say that "technically" those rights were not listed and so not given to citizens. To solve that problem, the Ninth Amendment was written.

What the Ninth Amendment Really Means

The Ninth Amendment protects the tacit, unmentioned rights of the people. More simply, the Ninth Amendment tells us that even though certain specific rights in the Constitution aren't written, they are still belonging to the people and cannot be taken away.

Griswold v. Connecticut 1965 Court Case

A Connecticut law made contraceptives (birth control devices) illegal and arrested Estelle T. Griswold, who gave contraceptives to clients for ten days before his arrest on November 10th, 1961, along with C. Lee Buxton.

Griswold and Buxton were convicted in a Connecticut court and fined $100 each for it. However, the Supreme Court heard the case on appeal and found that the Connecticut law was unconstitutional according to the First, Third, Fourth, Fifth, and Ninth Amendments. Justice Arthur Goldberg specifically notes the Ninth's importance in the case.

“since 1791 [the Ninth Amendment] has been a basic part of the Constitution which we are sworn to uphold. To hold that a right so basic and fundamental and so deep-rooted in our society as the right to privacy in marriage may be infringed because that right is not guaranteed in so many words by the first eight amendments to the Constitution is to ignore the Ninth Amendment and give it no effect whatsoever.”

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Citations

"Ninth Amendment." UXL Encyclopedia of U.S. History. Sonia Benson, Daniel E. Brannen, Jr., and Rebecca Valentine. Vol. 6. Detroit: UXL, 2009. 1151-1152. Gale Virtual Reference Library. Web. 8 Dec. 2015.

"Ninth Amendment." Constitutional Amendments: From Freedom of Speech to Flag Burning. 2nd ed. Vol. 2. Detroit: UXL, 2008. Web. 9 Dec. 2015.