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Ninth Amendment

Ninth Amendment

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Ninth Amendment

The
inclusion of the Bill of Rights into the United States Constitution was met
with some controversy and opposition. Even though the Bill of Rights is
heralded as some of the important legislation that the United States
Constitution has to offer, as the document was being ratified by the states
arguments arose opposing its inclusion.

The
Federalists held that the inclusion of a Bill of Rights could prove to lead to
problems regarding the interpretation of those laws included within, and more
importantly, those not. The main argument posed by Federalists such as
Alexander Hamilton and James Madison was that enumerating certain laws into legislation
could be implying that those not strictly included or discussed within the text
of the legislation are not to be considered as rights or laws. The Federalists
also contended that it would be an exercise in futility to account for and list
all of the fundamental rights of people in one document.

For the
sense of clarity and concise presentation of laws, a Bill of Rights would seem
to be pointless. In enumerating certain rights, but not others, the Federalists
also feared that this would leave the Government to have more authority in
interpreting those rights not listed and possibly leave the door open for the Government
to infringe on certain basic and fundamental human rights.

The 9th Amendment arose out of the disputes over
the inclusion of a Bill of Rights and its effect on the ratification of the
United States Constitution by certain states. The inclusion of the 9th
Amendment was to address the issue that even though certain rights were not
enumerated or explicitly included within the provisions of the first Eight Amendments,
they are protected by virtue and fall within and are protected by the
provisions of those included in the United States Constitution.

The 9th
Amendment states, “The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained by the
people.” In other words, simply because there are rights not included in
text, that does not deny their existence nor does it give the Government
control over those implied rights, and more specifically, does not give the
authority to infringe upon those fundamental rights.

In more
recent applications, the 9th Amendment has been viewed as evidence that certain
rights exist that are granted to the people, even though they are not
explicitly enumerated by the United States Constitution, but are still
protected under other provisions and included by virtue of the other
Amendments.

The most notorious case regarding the 9th
Amendment is
 Griswold v. Connecticut, in which a State law
prohibiting the use of contraceptives was challenged as infringement of the
right of marital privacy. Even though the concept of marital privacy is not
included within the text of the United States Constitution, it is by virtue,
one of those natural and inherent rights that must be protected. Therefore, it
was decided that martial privacy, though not found in the first Eight Amendments,
is still protected by the First Amendment, as well as the Third, Fourth, and
Fifth Amendments through association.

The 9th
Amendment and its inclusion into the Bill of Rights is crucial for the proper
interpretation of its provisions, while also securing protection of those
rights inherently granted to the people as natural by virtue.

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