What is the main idea behind the 9th Amendment?
Real Tutor Solution
Quick Answer
The 9th Amendment protects rights not specifically enumerated in the Constitution.
Step-by-step Solution
The 9th Amendment states that the enumeration of certain rights in the Constitution does not deny or disparage others retained by the people.
Supplemental Knowledge:
The 9th Amendment is part of the Bill of Rights that was approved in 1791 and seeks to safeguard rights not explicitly covered by Constitution, such as:
"Enumeration in the Constitution, of certain rights, shall not be used to deny or diminish other rights held by the people.
This ensures that, just because a right is not explicitly listed in the Constitution, this does not signify its nonexistence or allow its violation to take place. The framers intended this clause so as to not consider specific rights listed as exhaustive lists - protecting other fundamental rights along the way.
Theory in Practice:
The Ninth Amendment serves to remind citizens they possess more rights than are specifically listed in the Constitution. For instance, this Amendment has been referenced numerous times during Supreme Court cases dealing with privacy rights and personal autonomy issues, such as Griswold v Connecticut (1965) which recognized a right of privacy regarding marital contraception.
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