Amendment Nine: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
WHAT DOES THIS MEAN?
Certain rights are listed in the Constitution. However, simply because some rights are not specifically listed, does not mean that people don't have them.
As the Federalists and the Antifederalists were ratifying the Constitution, they argued whether to add a Bill of Rights. The Antifederalists felt the need to add it, while the Federalists thought that ratifying the Constitution would be too dangerous because it could then be changed and transformed to meet the needs of those in power.
James Madison, the delegate from Virginia, insisted on addressing the issue of amends, or changes, to the Constitution. Madison wanted to be sure that even if people's rights aren't specifically addressed in the Constitution, that doesn't mean they aren't entitled to them. The Ninth Amendment has been widely disputed in its legal effect simply because it is so broad.
Many have argued over the meaning of the phrase "rights retained by the people." Some say this phrase refers to state rights or federal rights, while other believe these are natural and alienable rights. Courts generally stay away from the Ninth Amendment because, in all cases, it is still under dispute.
James Madison, the delegate from Virginia, insisted on addressing the issue of amends, or changes, to the Constitution. Madison wanted to be sure that even if people's rights aren't specifically addressed in the Constitution, that doesn't mean they aren't entitled to them. The Ninth Amendment has been widely disputed in its legal effect simply because it is so broad.
Many have argued over the meaning of the phrase "rights retained by the people." Some say this phrase refers to state rights or federal rights, while other believe these are natural and alienable rights. Courts generally stay away from the Ninth Amendment because, in all cases, it is still under dispute.
