Ninth Amendment to the United States Constitution

The Ninth Amendment to the U.S. Constitution addresses rights, retained by the people, that are not specifically enumerated in the Constitution. The amendment was introduced during the drafting of the Bill of Rights when some of the American founders became concerned that future generations might argue that a certain right did not exist. It was approved by Congress in 1789 and later ratified as the Ninth amendment.

About Ninth Amendment to the United States Constitution in brief

The Ninth Amendment to the U.S. Constitution addresses rights, retained by the people, that are not specifically enumerated in the Constitution. The amendment was introduced during the drafting of the Bill of Rights when some of the American founders became concerned that future generations might argue that a certain right did not exist. The Ninth Amendment has rarely played any role in U. S. constitutional law, and until the 1980s was often considered “forgotten” or “irrelevant” by many legal academics. The final text of the Ninth Amendment, like Madison’s draft, speaks of other rights than those enumerations in the constitution. It is true the general powers of the general government are circumscribed; but even if the government keeps certain powers within those limits, it may admit abuse through the First Amendment, which may admit the abuse of First Amendment rights through the use of the Fifth, Sixth and Eighth Amendments. The Tenth Amendment, if ratified, would give the President the right to veto any bill of rights that the Supreme Court deemed to infringe on the rights of the people. It would also give the president the power to block a bill of Rights from being added to the Constitution, if he found it to be in breach of the Tenth Amendment or the Fifth Amendment. It was approved by Congress in 1789 and later ratified as the Ninth amendment. It reads as follows: The enumeration in the. Constitution, of certain rights, shall not be construed to deny or disparage others retained by. the people; but that they may be construed either as making exceptions to the specified powers where this shall be the case, or otherwise as inserted merely for greater caution.

It has been proposed to the House of Representatives nineteen draft Amendments, and passed by the House in 1788. The Constitution was signed on September 17, 1787, and the Anti-Federalists argued that a Bill of. Rights should be added. The Anti- federalists persisted in favor of a Bill. of Rights during the ratification debates, but also were against ratification, and consequently several of the state ratification conventions gave their assent with accompanying resolutions proposing amendments to be. added. In 1788, the Virginia Ratifying Convention attempted to solve the problem that Hamilton and the Federalists had identified by proposing a constitutional amendment specifying: That those clauses which declare that Congress shall not exercise certain powers be not interpreted in any manner whatsoever to extend the powers of Congress. The Virginia proposal borrowed language from the Virginia proposal, while foreshadowing the final version. It read: The rights in question are reserved by the manner in which the federal powers are granted by Article One, Section 8 of the Constitution; and they are unnecessary, because they are not granted by the Government. It follows, that the constitution is a residuum, and that the great constitution is the great residuum of rights, therefore, cannot be thrown into the hands of the Government; it cannot be so necessary as necessary as the First. Amendment was passed in 1790.

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