The Ninth Amendment of the United States Constitution
What does the 9th amendment mean for dummies?
The Ninth Amendment was part of the Bill of Rights that was added to the Constitution on December 15, 1791. It says that
all the rights not listed in the Constitution belong to the people
, not the government. In other words, the rights of the people are not limited to just the rights listed in the Constitution.
What rights does the 9th amendment protect?
Because the rights protected by the Ninth Amendment are not specified, they are referred to as “unenumerated.” The Supreme Court has found that unenumerated rights include such important rights as
the right to travel
, the right to vote, the right to keep personal matters private and to make important decisions about …
Why is the 9th amendment important in the protection of individual rights?
Why is the 9th Amendment important in the protection of individual rights?
Because it declares that rights exist beyond those listed in the Constitution
.
Why was the 9th amendment proposed?
The Ninth Amendment was James Madison's
attempt to ensure that the Bill of Rights was not seen as granting to the people of the United States only the specific rights it addressed
.
What's the difference between the 9th and 10th Amendment?
Whereas the Ninth Amendment provides that the enumeration of certain rights in the Constitution does not deny or disparage other unenumerated rights retained by the people, the
Tenth Amendment clearly reserves to the states those powers that the Constitution neither delegates to the federal government
nor prohibits to …
When was the 9th amendment used?
The Ninth Amendment was first used by the Supreme Court to define an
“unenumerated right” in the case of Griswold v. Connecticut (1965)
. The right to privacy is not referred to anywhere in the Bill of Rights. However, in deciding Griswold, the Court found that the right was indeed protected by the Constitution.
Why is the 9th Amendment bad?
NINTH AMENDMENT The 9th Amendment to the US Constitution is one of the least referred to amendments in decisions of the Supreme Court. It is also one of the most confusing, controversial and misunderstood amendments to the Constitution. This
amendment reserves all rights not listed in the Constitution to the people
.
Is the Ninth Amendment still relevant today?
Today,
historians and legal scholars are still divided on the Ninth Amendment's
meaning. “The Ninth Amendment was meant, at minimum, to protect residual rights not spelled out in the Constitution in order to limit government power,” says Jonathan Hafetz, a professor at Seton Hall Law School.
What amendment contains the equal protection clause?
The Fourteenth Amendment's
Equal Protection Clause requires states to practice equal protection. Equal protection forces a state to govern impartially—not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective.
Which powers are given directly to the people or the states?
Expressed powers. Which powers are given directly to the people or the states?
Reserved
.
What is a modern day example of the 9th Amendment?
For example,
there is no right to health insurance because that would curtail the freedom of all citizens by burdening them to pay for it
. Nor is there a right to earn a specific wage regardless of one's desire to be a poet despite a lack of talent.
What does the 3rd Amendment protect citizens from?
Described by some as “a preference for the Civilian over the Military,” the Third Amendment
forbids the forcible housing of military personnel in a citizen's home during
peacetime and requires the process to be “prescribed by law” in times of war.
What is an example of the 9th amendment being violated?
The 9th amendment
protects same sex marriage
. Regardless wather you are gay or straight we all agree that marriage is a right. The states are violating the 9th amendment by banning same sex marriage.
What court cases have interpreted the 9th Amendment?
- U.S. Public Workers v. Mitchell (1947) …
- Griswold v. Connecticut (1965), Concurring Opinion. …
- Griswold v. Connecticut (1965), Dissenting Opinion.
Does the Constitution protect life, liberty, and the pursuit of happiness?
While the Declaration of Independence recognizes the unalienable rights of “life, liberty, and the pursuit of happiness” and
the Constitution explicitly protects life and liberty
, happiness goes unmentioned in the highest law of the land.
What item Established most civil liberties for the United States?
Every court decision recites the history of prior court decisions relating to the principles at hand. Seldom will a court depart from established precedent. Where are America's most important civil liberties found?
In the Constitution's Bill of Rights
.
What is the 5th Amendment say?
No person shall be held to answer for a capital, or otherwise infamous crime
, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be …
In what two ways are all American citizens equal?
All citizens have political equality, which is
equality of justice
or the law and equality of franchise or the vote.
What is my Fourth Amendment?
The
right of the people to be secure in their persons, houses
, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things …
What is the 5th law?
In criminal cases, the Fifth Amendment guarantees
the right to a grand jury
, forbids “double jeopardy,” and protects against self-incrimination. …
What are 3 things a state Cannot do?
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts;
pass any Bill of Attainder
, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title …
What is the supreme Law of the land?
This
Constitution
, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any …
Does federal law override state Law?
See Preemption; constitutional clauses. Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and
federal law generally, take precedence over state laws
, and even state constitutions.
