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Topic: Ninth Amendment

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Tenth Amendment

1st Amendment

Tenth Amendment to the United States Constitution

Ninth Amendment to the United States Constitution

United States Constitution

Eighth Amendment to the United States Constitution

Third Amendment to the United States Constitution

History

	FindLaw: U.S. Constitution: Amendments
		The amendment was rejected (and not subsequently ratified) by Kentucky, Maryland, and Tennessee.
		The amendment was rejected by Georgia on July 24, 1919; by Alabama on September 22, 1919; by South Carolina on January 29, 1920; by Virginia on February 12, 1920; by Maryland on February 24, 1920; by Mississippi on March 29, 1920; by Louisiana on July 1, 1920.
		This amendment was subsequently ratified by Virginia in 1952, Alabama in 1953, Florida in 1969, and Georgia and Louisiana in 1970.
	caselaw.lp.findlaw.com /data/constitution/amendments.html (3864 words)

	Bill of Rights
		The conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added.
		Article the third [Amendment I] Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
		Article the twelfth [Amendment X] The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
	www.constitution.org /billofr_.htm (508 words)

	United States House of Representatives - Amendments to the Constitution
		The amendment was rejected (and not subsequently ratified) by Mississippi, December 4, 1865.
		The fourteenth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Thirty-ninth Congress, on the 13th of June, 1866.
		The twenty-first amendment to the Constitution was proposed to the several states by the Seventy-Second Congress, on the 20th day of February, 1933, and was declared, in a proclamation by the Secretary of State, dated on the 5th day of December, 1933, to have been ratified by 36 of the 48 States.
	www.house.gov /Constitution/Amend.html (2589 words)

	[No title]
		When interpreting the Ninth Amendment, both the unenumerated rights and the rule-of-construction camps often follow a prevalent, but mistaken, rule of construction: when the legislative history is unclear, it is permissible to consult the text.
		The House of Representative's fleeting consideration of the Ninth evidences that this was the intent of the Framers.
		The Fourteenth Amendment's drafter, John Bingham of Ohio, implicitly agreed with this interpretation of the Ninth Amendment.
	www.law.berkeley.edu /faculty/yooj/articles/emory.html (17946 words)

	God of the Machine (03/12/2003): "The Ninth Amendment"
		Reciprocists, in a variation on the theme, claim that the Ninth Amendment is a mirror-image of the Tenth, which grants all unenumerated powers to the States or the people.
		State governments are enjoined from violating whatever rights the Ninth may grant, by the doctrine of incorporation, which reads the Fourteenth Amendment as applying the Bill of Rights to the states.
		I see only one way to construe the Ninth Amendment, and it requires, as one might expect, the Founders steeped as they were in Blackstone and Locke, natural rights theory.
	www.godofthemachine.com /archives/00000362.html (1405 words)

	BEYOND THE SECOND AMENDMENT: AN INDIVIDUAL RIGHT TO ARMS VIEWED THROUGH THE NINTH AMENDMENT
		Ninth Amendment commentator, Charles Cooper, notes the objection of Congressman Sedgwick of Massachusetts that the right to assembly was too "self-evident" and "inalienable" to ever be called into question.
		Perhaps the essential conflict at the core of the Ninth Amendment is the tension between restricting individual autonomy for the good of the collective and preserving the essential aspects of personal liberty.
		The Ninth Amendment has been suggested as support for a right to engage in sodomy, a right to wear long hair, protection against imprisonment in maximum security, a right to transport lewd materials in interstate commerce, a right to a healthful environment, [248] and affirmative rights to government services.
	www.gunownersnj.org /journals/nj9th.html (16582 words)

	The Constitution of the United States of America
		They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.
		If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law.
		Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
	www.midnightbeach.com /jon/US-Constitution.htm (4025 words)

	Get a Document - by Citation - 64 Chi.-Kent. L. Rev. 37
		The mere fact that alterative interpretations of the words of the ninth amendment may be conceived, however, does not justify ignoring the ninth amendment or favoring an interpretation that has the same effect.
		But, assuming that such a construction of the ninth amendment is not precluded by the text, determining the best interpretation of the ninth amendment also depends on which yields the best interpretation of the Constitution as a whole.
		The ninth amendment strongly suggests that rights such as these need not be enumerated in the Constitution to be protected by the enterprise established and regulated by the Constitution.
	www.randybarnett.com /9th.htm (11016 words)

	102RP6
		Although the longstanding neglect of the Ninth Amendment is a product of basic concerns about grounding judicial review on unenumerated rights, this neglect would not have been possible without an interpretation that purports to give the amendment a meaning while denying it any functional role in constitutional disputes.
		Madison's use of a rights-powers distinction to explain the Ninth Amendment, however, is not logically inconsistent with a robust power-constraining view of the Ninth Amendment.
		The adoption of the Ninth Amendment forces those who reject the reality of such rights, but who seek to interpret the Constitution according to either original intent or original meaning, to hypothesize on the content of this expanded list.
	www.bu.edu /rbarnett/Reconceiving.htm (11404 words)

	FindLaw: U.S. Constitution: Ninth Amendment
		The Ninth Amendment had been mentioned infrequently in decisions of the Supreme Court 4 until it became the subject of some exegesis by several of the Justices in Griswold v.
		The Justice recurred to the text of the Ninth Amendment, apparently to support the thought that these penumbral rights are protected by one Amendment or a complex of Amendments despite the absence of a specific reference.
		Justice Black viewed the Ninth Amendment ground as essentially a variation of the due process argument under which Justices claimed the right to void legislation as irrational, unreasonable, or offensive, without finding any violation of an express constitutional provision.
	caselaw.lp.findlaw.com /data/constitution/amendment09 (1169 words)

	The Curmudgeonly Clerk: February 2004 Archives
		The ninth amendment "was added to the Bill of Rights to ensure that the maxim expressio unius est exclusio alterius would not be used at a later time to deny fundamental rights merely because they were not specifically enumerated in the Constitution." Charles v.
		In contrast to the first eight amendments, the Ninth Amendment does not specify any rights of the people, rather it serves as a savings clause to keep from lowering, degrading or rejecting any rights which are not specifically mentioned in the document itself.
		It seems rather clear from the foregoing that the plain language of the Ninth Amendment and its proper historical context unambiguously establish that the amendment is not substantive in nature.
	www.curmudgeonlyclerk.com /weblog/archives/2004_02.html (15113 words)

	The U.S. Constitution Online - USConstitution.net
		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 to be seized.
		In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
		The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote.
	www.usconstitution.net /const.html (5140 words)

	Southern Appeal
		Professor Solum, for example, rejects the conclusions I reached in saying that the Ninth Amendment was intended solely as a rejection of any construal of the Bill of Rights as a grant of power to the federal government.
		Wife-beating and the Ninth Amendment : When this thread first began, I mentioned to Daniel Goldberg that I disagreed with Steve's interpretation because I interpreted his view as protecting all areas not subject to government regulation at the time the Bill of Rights was drafted, including such opprobrous practices such as wife-beating.
		Steve then responded that I was misrepresenting his viewpoint; he did not believe that all practices not regulated were enshired as 'rights' by the Ninth Amendment, but rather all things that were identified as rights under English common law.
	southernappeal.blogspot.com /2004_02_15_southernappeal_archive.html (8681 words)

	The Ninth Amendment at Lady Liberty's Constitution Clearing House
		The Ninth Amendment was written in an attempt to preclude such abuse.
		In more recent years, however, the amendment has been considered in some court cases to be positive, that it confirmed the existence of rights not otherwise listed but still protected.
		The right to privacy, for example, while not otherwise listed (although strongly implied in the First, Third, Fourth, and Fifth Amendments) has enjoyed such decisions under the protections of the Ninth Amendment as Griswold v.
	www.ladylibrty.com /9th_amendment.html (181 words)

	CLAW's Position Paper - Ninth Amendment (Site not responding. Last check: 2007-11-03)
		The Ninth Amendment underscores the founding fathers intentions of creating a government that would be as unintrusive as possible into the lives of our citizens.
		When the current administration speaks of a creating a new "Bill of Rights for Patients," it ignore the principles of the Ninth Amendment, seeking to create an enforcement mechanism for a power they do not possess.
		The Council for Legislative Action, Washington, embraces the ideal enshrined in the Ninth Amendment, and is working to reduce the scope of government in our lives so that our fellow citizens can responsibility exercise those Rights they choose to retain, rather than those Rights the government chooses to allow us.
	www.libertyteeth.org /pos9.html (524 words)

	The Constitution of the United States of America
		--------------------------------------------------------------------------- The Ninth Amendment had been mentioned infrequently in decisions of the Supreme Court\4\ until it became the subject of some exegesis by several of the Justices in Griswold v.
		--------------------------------------------------------------------------- ``The language and history of the Ninth Amendment reveal that the Framers of the Constitution believed that there are additional fundamental rights, protected from governmental infringement, which exist alongside those fundamental rights specifically mentioned in the first eight constitutional amendments.
		But if there is a claim of a fundamental right which cannot reasonably be derived from one of the provisions of the Bill of Rights, even with the Ninth Amendment, how is the Court to determine, first, that it is fundamental, and second, that it is protected from abridgment?\8\ \7\Id. at 488, 491, 492.
	www.gpoaccess.gov /constitution/html/amdt9.html (910 words)

	Assault on the Ninth Amendment
		This ninth amendment states that the list of rights in the Constitution will not be used to deny any individual of another right.
		Yet, all levels of government have passed laws which restrict or prohibit many of the things that are protected by the Bill of Rights.
		For example, many cities have passed ordinances or legislation that restrict or prohibit the assembly of a large group of people for any purpose, violating the First Amendment right of the people peaceably to assemble.
	www.jeremiahproject.com /TrashingAmerica/9thamendment.html (326 words)

	Calvin R. Massey: Silent Rights
		The right to be presumed innocence; the right to privacy; the right to equal protection under the law; the right to travel, marry, or have children and the right of a woman to terminate her pregnancy—these are a few of the many constitutional rights never mentioned explicitly in the Constitution.
		Because of its open-endedness, the Ninth Amendment is still mired in an ill-fated perception as a constitutional nonentity and a legislative tradition that ignores its potential.
		Massey presents a new method for recognizing implied constitutional rights and the possible contemporary role of the Ninth Amendment in constitutional law—a formula in which state constitutions would assume a larger role in fashioning unenumerated rights and the Supreme Court's voice would be less final.
	www.temple.edu /tempress/titles/971_reg.html (313 words)

	Ninth Amendment References - In Forma Pauperis (Site not responding. Last check: 2007-11-03)
		On this page you will find links on the subject of the Ninth Amendment of the United States Constitution.
		Below are misc other links to websites discussing the Ninth Amendment, which can be found at Google.com...
		Order of State Ratification of the Ninth Amendment
	informapauperis.crosswinds.net /ninthamendment.html (122 words)

	Ninth Amendment Law Library
		Click on the button to get the indicated file format:
		The Lost History of the Ninth Amendment: The Lost Original Meaning, by Kurt Lash, Professor of Law and W. Joseph Ford Fellow, Loyola Law School, Los Angeles, Feb. 2004.
		To see some of the above the way it was intended, download the Old Gondor TrueType font, and copy it to your c:\windows\fonts directory.
	www.constitution.org /9ll/9ll.htm (97 words)

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