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It would make no sense otherwise. Until today, no member of this Court has ever suggested that the Ninth Amendment meant anything else, and the idea that a federal court could ever use the Ninth Amendment to annul a law passed by the elected representatives of the people of the State of Connecticut would have caused James Madison no little wonder. . The ninth amendment is not a source of rights as such; it is simply a rule about how to read the Constitution. Amdt9.2 Historical Background on the Ninth Amendment, Records of the Federal Convention of 1787, Objections to this Constitution of Government, Garcia v. San Antonio Metro. Overview of Ninth Amendment, Unenumerated Rights | Constitution The meaning and importance of the Ninth Amendment has literally been debated since its inception when it was included in the Bill of Rights. See also 3 J. The majority decision rested on Fourth and Fifth Amendment grounds, but Justice Arthur Goldberg based his concurring opinion squarely on Ninth Amendment principles, stating that. Thus was born the Ninth Amendment, whose purpose was to assert the principle that the enumerated rights are not exhaustive and final and that the listing of certain rights does not deny or disparage the existence of other rights. Michael Levy was political science editor (2000-06), executive editor (2006-11), editor of Britannica Blog (2010-11), and director of product content & curriculum (2011-12) at Encyclopaedia Britannica. Encyclopaedia Britannica's editors oversee subject areas in which they have extensive knowledge, whether from years of experience gained by working on that content or via study for an advanced degree. One of such amendments which is aimed at promoting personal rights is the ninth amendment.. The Ninth Amendment is a part of the Bill of Rights, and its purpose is best understood in the context of the debate around the express enumeration of protected rights at and soon after the Founding. 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. For example, John Vining of Delaware complained of the uncertainty with which we must decide on questions of amendment, founded merely on speculative theory. Samuel Livermore of New Hampshire objected to the proposed Eighth Amendment because it seems to have no meaning in it. For why declare that things shall not be done which there is no power to do? It is true the powers of the general government are circumscribed; they are directed to particular objects; but even if government keeps within those limits, it has certain discretionary powers with respect to the means, which may admit of abuse.[12]. Joe Biden's Secret Constitutional Weapon - POLITICO Ninth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. James Madison responded to that argument in presenting his proposed amendments to the House of Representatives: It has been objected also against a bill of rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure. So adhering to the Ninth Amendment requires only that judges scrutinize regulations of liberty to ensure that they are indeed reasonable and not arbitrary means of protecting the rights of othersfor example, their health and safetyand were not instead passed for other improper motives, such as conveying benefits to special interests at the expense of the general public.