The Ninth Amendment states: “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” During the first 175 years of its history, this Amendment was cited in a total of nine court cases. While every effort has been made to follow citation style rules, there may be some discrepancies. 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. The Ninth Amendment, like its companion, the Tenth…was framed by James Madison and adopted by the States simply to make clear that the adoption of the Bill of Rights did not alter the plan that the Federal Government was to be a government of express and limited powers, and that all rights and powers not delegated to it were retained by the people and the individual States. The Ninth Amendment was part of the Bill of Rights that was added to the Constitution on December 15, 1791. As a history of the Ninth Amendment, the book recapitulates the history of federalism in America and the idea that local self-government is a right retained by the people. The Ninth Amendment has had a remarkably robust history, playing a role in almost every significant constitutional debate in American history, including the controversy over the Alien and Sedition Acts, the struggle over slavery, and the constitutionality of the New Deal. There are multiple schools of thought on this issue. At the Supreme Court level, most justices do believe that the Ninth Amendment has binding authority, and they use it to protect implicit rights hinted at but not explicated elsewhere in the Constitution. Read "The Lost History of the Ninth Amendment" by Kurt T. Lash available from Rakuten Kobo. Updates? Ninth Amendment, amendment (1791) to the Constitution of the United States, part of the Bill of Rights, formally stating that the people retain rights absent specific enumeration. What Is a Constitutionally Limited Government? But in the case of the Ninth Amendment, history has … "The Ninth Amendment: Text, Origins, and Meaning." Grab a copy of our NEW encyclopedia for Kids! However, recently uncovered historical evidence indicates that at the time of its enactment, and for more than a century afterwards, the Ninth Amendment was viewed as a … Description. The complete text of the Ninth Amendment states: Over the years, the federal courts have interpreted the Ninth Amendment as confirming the existence of such implied or “unenumerated” rights outside those expressly protected by the Bill of Rights. The Bill of Rights was, in other words, unenforceable. The history of constitutional interpretation is notorious for its occasional contortions of speech and logic. I believe the Supreme Court is aware that under the Ninth Amendment they can make any ruling they choose. COVID-19: Updates on library services and operations. But, this leaves a whole host of questions open about what those unlisted rights are. In the decades since the Griswold decision, numerous claims were made in federal filings that additional rights were protected by the Ninth Amendment (almost all were rejected), and there has been considerable debate as to what protections, if any, are guaranteed by it. 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