When was the 9th amendment written

Tennessee Valley Authority , the U. Supreme Court supports the contract as constitutional because the government has acted within the scope of its war and commerce powers under the Constitution. The Court holds that the Ninth Amendment does not give to the people rights that were specifically given to the government elsewhere in the Constitution. Dagenhart , the U. Supreme Court rules unanimously in United States v.

Supreme Court strikes down a Connecticut law forbidding the use of contraceptives because it restricts the right of marital privacy. Although the Bill of Rights does not actually mention privacy, the Court concludes that it is a natural extension of the rights mentioned in the First, Third, and Fourth Amendments. The Court points to the Ninth Amendment as further evidence that a right does not need to be spelled out in the Constitution to be considered fundamental.

In Roe v. Wade , the U. Supreme Court rejects a Texas law that outlaws abortion because it restricts the right to privacy. In Richmond Newspapers, Inc. Virginia , the U. Although that right is not specifically listed in the Constitution, the Court finds the history of the Bill of Rights makes its ruling proper.

In United States v. Lopez , the U. Worse yet, they too often think that they have found the answers that they are looking for. This tendency is unfortunate because we need to answer these questions for ourselves rather than rely on people who are long dead to answer them for us.

The broad and sweeping language of the Constitution is best treated as raising questions rather than providing answers. The Ninth Amendment provides a case in point. Many scholars have looked to the Amendment to answer the vexed question of what rights Americans have. In fact, though, the Amendment leaves that question for us to answer in our own time. To understand why this is so, we must begin by recognizing that James Madison faced a serious problem as he spoke to his colleagues in the House of Representatives about his proposed bill of rights.

On the one hand, he had to satisfy colleagues who worried that the enumeration of specific rights might by implication deny the existence of other rights. On the other hand, Madison faced a second argument that looked in the opposite direction. Many of his colleagues worried about additions to the Constitution that were vague and open ended. Madison had to take both sets of objections seriously. At the time the House debated his proposals, two states remained outside the Union and other states plausibly threatened to convene a new constitutional convention if no action were taken.

It was urgent that Congress act quickly and that congressional opposition be minimized. It was therefore crucial that Madison satisfy both sides of the argument about unenumerated rights.

He accomplished this goal with a brilliant compromise. The Ninth Amendment clearly rebutted the possible presumption that enumeration of some rights precluded the recognition of others.

But the Amendment does not establish these rights or say what they are. Thus, opponents of vague or underspecified rights could also be satisfied that the Constitution did not entrench the kind of rights that they opposed. Proponents of nontextual rights could still argue that they should be enforced, and opponents of such rights could still argue that they did not exist.

Neither side need oppose the rest of the Bill of Rights on the ground that its position on nontextual rights was jeopardized. This interpretation is strongly supported not just by what the Ninth Amendment says, but also by what it does not say.

When states submitted proposed amendments to the new Constitution, some of them suggested changes that would have expressly protected natural and unenumerated rights.

Similarly, Madison and Sherman each proposed natural rights amendments, and a similar provision was proposed in the Senate. Congress adopted none of the state provisions, and the Madison, Sherman, and Senate proposals were all defeated. To summarize, then, on five separate occasions, Congress was presented with provisions that would have expressly protected unenumerated rights, but it failed to adopt any of them.

Of course, sometimes when language is left out of a document, it is omitted because it is redundant. Leaving a comment is also the best way to reach the management team of ConstitutionUS. Can County Governments impose regulations that differ between city and rural property in the same county thus restricting simple things like the right to having a garage? Or is this a valid specific reason they are saying this?

So they hope we overlook the 9th Amendment…. Your email address will not be published. Save my name, email, and website in this browser for the next time I comment.

Table of Contents. Please leave this field empty. Leaving a comment is the best way to voice your opinion about the constitution or other matters. All comments are moderated, although are not refused based on standpoint. We try to take an unbiased stance. Leave a Reply Cancel reply Your email address will not be published. President Franklin D.