Ninth Amendment

Martin Gomez

Ninth Amendment

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

(Simpler version): People have more rights than those stated in the Constitution

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Historical Background

James Madison was concerned that rights not specifically mentioned in the Constitution would be unprotected. He also recognized that the way the Constitution was written could jeopardize the intentions the writers had to provide a permanent charter for freedom. Madison questioned the wisdom of the Bill of Rights, and with little debate, the ninth amendment was agreed upon.


REDLICH, NORMAN. "Ninth Amendment." Encyclopedia of the American Constitution. Ed. Leonard W. Levy and Kenneth L. Karst. 2nd ed. Vol. 4. Detroit: Macmillan Reference USA, 2000. 1809-1813. Gale Virtual Reference Library. Web. 8 Dec. 2015.

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Supreme Court Case with Ninth Amendment

Griswold v.s. Connecticut (1965)

Estelle Griswold and Dr. Charles Lee Buxton were arrested and convicted of offering services to prevent conceptions. Griswold would appeal the case, arguing that the state law associated with her crime violated the fourteenth amendment, but it actually fell under the ninth amendment. The U.S. Supreme Court ruled the Connecticut law to be unconstitutional, as it violated the "right to martial privacy. The law pointed out that, although the Bill of Rights don't specifically mention "privacy", it is implied through the ninth amendment as it's one of the rights that are nowhere in the Constitution.

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