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The character of those other rights was indicated by Madison in his speech introducing the Bill of Rights (emphasis added):
That Amendment was passed not to broaden the powers of this Court or any other department of "the General Government", but, as every student of history knows, to assure the people that the Constitution in all its provisions was intended to limit the Federal Government to the powers granted expressly or by necessary implication. ... [F]or a period of a century and a half, no serious suggestion was ever made that the Ninth Amendment, enacted to protect state powers against federal invasion, could be used as a weapon of federal power to prevent state legislatures from passing laws they consider appropriate to govern local affairs.I go further and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous.
Why, for instance, should it be said that the liberty of the press shall not be restrained when no power is given by which restrictions may be imposed? 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.. In recent years, some have interpreted it as affirming the existence of such “unenumerated” rights outside those expressly protected by the Bill of Rights..
I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretense for claiming that power.The final form of the amendment ratified by the states is as follows:[T]he ninth amendment does not confer substantive rights in addition to those conferred by other portions of our governing law. Such is not, perhaps, the modern view; but the question has become, in fact, academic, for the reason that in 120 years of interpretation our Supreme Court has ever found some clause in the Federal Constitution into which to read any English constitutional principle not therein expressly altered.My Brother GOLDBERG has adopted the recent discovery that the Ninth Amendment, as well as the Due Process Clause, can be used by this Court as authority to strike down all state legislation which this Court thinks violates "fundamental principles of liberty and justice", or is contrary to the "traditions and [collective] conscience of our people". ... [O]ne would certainly have to look far beyond the language of the Ninth Amendment to find that the Framers vested in this Court any such awesome veto powers over lawmaking, either by the States or by the Congress.
Cause and Reason for the 9th Amendment The cause or reason for this addition to the Constitution was to ensure that the that rights detailed in the Constitution and the Bill of Rights were not thought to be the only possible rights of American citizens. They are simply what all retained rights were before the enactment of the Bill of Rights: a guide to equitable interpretation and a rationale for the narrow construction of statutes that might be thought to infringe them, but not superior to explicit positive law. The Ninth Amendment, or Amendment IX of the United States Constitution is the section of the Bill of Rights that states that there are other rights that may exist aside from the ones explicitly mentioned, and even though they are not listed, it does not mean they can be violated. The Ninth Amendment (Amendment IX) to the United States Constitution addresses rights, retained by the people, that are not specifically enumerated in the Constitution. They are not relinquished, denied, or disparaged. The whole history of the adoption of the Constitution and Bill of Rights points the other way, and the very material quoted by my Brother GOLDBERG shows that the Ninth Amendment was intended to protect against the idea that, "by enumerating particular exceptions to the grant of power" to the Federal Government, "those rights which were not singled out were intended to be assigned into the hands of the General Government [the United States], and were consequently insecure." For why declare that things shall not be done which there is no power to do? This is one of the most plausible arguments I have ever heard against the admission of a bill of rights into this system; but, I conceive, that it may be guarded against. In other words, the rights of the people are not limited to just the rights listed in the Constitution. Nor does anything in the history of the Amendment offer any support for such a shocking doctrine. The Ninth Amendment was James Madison’s attempt to ensure that the Bill of Rights was not seen as granting to the people of the United States only the specific rights it addressed.
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 character of those other rights was indicated by Madison in his speech introducing the Bill of Rights (emphasis added):
That Amendment was passed not to broaden the powers of this Court or any other department of "the General Government", but, as every student of history knows, to assure the people that the Constitution in all its provisions was intended to limit the Federal Government to the powers granted expressly or by necessary implication. ... [F]or a period of a century and a half, no serious suggestion was ever made that the Ninth Amendment, enacted to protect state powers against federal invasion, could be used as a weapon of federal power to prevent state legislatures from passing laws they consider appropriate to govern local affairs.I go further and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous.
Why, for instance, should it be said that the liberty of the press shall not be restrained when no power is given by which restrictions may be imposed? 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.. In recent years, some have interpreted it as affirming the existence of such “unenumerated” rights outside those expressly protected by the Bill of Rights..
I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretense for claiming that power.The final form of the amendment ratified by the states is as follows:[T]he ninth amendment does not confer substantive rights in addition to those conferred by other portions of our governing law. Such is not, perhaps, the modern view; but the question has become, in fact, academic, for the reason that in 120 years of interpretation our Supreme Court has ever found some clause in the Federal Constitution into which to read any English constitutional principle not therein expressly altered.My Brother GOLDBERG has adopted the recent discovery that the Ninth Amendment, as well as the Due Process Clause, can be used by this Court as authority to strike down all state legislation which this Court thinks violates "fundamental principles of liberty and justice", or is contrary to the "traditions and [collective] conscience of our people". ... [O]ne would certainly have to look far beyond the language of the Ninth Amendment to find that the Framers vested in this Court any such awesome veto powers over lawmaking, either by the States or by the Congress.
Cause and Reason for the 9th Amendment The cause or reason for this addition to the Constitution was to ensure that the that rights detailed in the Constitution and the Bill of Rights were not thought to be the only possible rights of American citizens. They are simply what all retained rights were before the enactment of the Bill of Rights: a guide to equitable interpretation and a rationale for the narrow construction of statutes that might be thought to infringe them, but not superior to explicit positive law. The Ninth Amendment, or Amendment IX of the United States Constitution is the section of the Bill of Rights that states that there are other rights that may exist aside from the ones explicitly mentioned, and even though they are not listed, it does not mean they can be violated. The Ninth Amendment (Amendment IX) to the United States Constitution addresses rights, retained by the people, that are not specifically enumerated in the Constitution. They are not relinquished, denied, or disparaged. The whole history of the adoption of the Constitution and Bill of Rights points the other way, and the very material quoted by my Brother GOLDBERG shows that the Ninth Amendment was intended to protect against the idea that, "by enumerating particular exceptions to the grant of power" to the Federal Government, "those rights which were not singled out were intended to be assigned into the hands of the General Government [the United States], and were consequently insecure." For why declare that things shall not be done which there is no power to do? This is one of the most plausible arguments I have ever heard against the admission of a bill of rights into this system; but, I conceive, that it may be guarded against. In other words, the rights of the people are not limited to just the rights listed in the Constitution. Nor does anything in the history of the Amendment offer any support for such a shocking doctrine. The Ninth Amendment was James Madison’s attempt to ensure that the Bill of Rights was not seen as granting to the people of the United States only the specific rights it addressed.
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.