They responded to those opposing ratification of the Constitution because of the lack of a declaration of fundamental rights by arguing that, inasmuch as it would be impossible to list all rights, it would be dangerous to list some and thereby lend support to the argument that government was unrestrained as to those rights not listed.
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 The ninth amendment 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.
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.
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.
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.For a collection of articles on the Ninth Amendment, see T HE RIGHTS RETAINED BY THE PEOPLE: THE HISTORY AND MEANING OF THE NINTH AMENDMENT (Randy E.
Barnett ed., ). [ Back to text ] CRS Annotated Constitution. Amendment 9 - Construction of Constitution > The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Notes for this amendment: Proposed 9/25/ Ratified 12/15/ The Ninth Amendment (Amendment IX) to the United States Constitution addresses rights, retained by the people, that are not specifically enumerated in the Constitution.
It is part of the Bill of Rights Text. The amendment as proposed by Congress in and later ratified as the Ninth Amendment reads as follows. Ninth Amendment, amendment () to the Constitution of the United States, part of the Bill of Rights, formally stating that the people retain rights absent specific enumeration..
The full text of the Ninth Amendment is.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. The Ninth Amendment tells us that the existence of a written constitution should not be treated as an excuse for ignoring nontextual rights, but it also tells us that the advocates of these rights cannot rest on ancient constitutional text to establish their existence.
As such, as the Supreme Court’s interpretation of the Constitution has developed, it is the Due Process Clause that has become fatter and fatter, while the Ninth Amendment has become little more than a .