Amendment 9 · Ratified December 15, 1791
A concise guide to the 9th Amendment of the U.S. Constitution, discussing its text, historical context, key tests, landmark cases, modern applications, and exam tips.
Source: U.S. Const. amend. 9
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The 9th Amendment ensures that the enumeration of certain rights in the Constitution does not mean that individuals do not have other rights that have not been specifically mentioned. It underscores the importance of individual rights and freedoms.
The 9th Amendment was introduced as part of the Bill of Rights to address concerns that listing specific rights might imply that any unlisted rights were not protected. This was influenced by the framers' belief in a broad conception of personal liberties.
Used by courts to determine if a personal right exists even though it is not explicitly enumerated in the Constitution.
Holding: The Supreme Court held that a Connecticut law banning the use of contraceptives violated the right to marital privacy.
Significance: This case established the right to privacy as a fundamental right, relying on the 9th Amendment to affirm the existence of rights not explicitly enumerated in the Constitution.
Holding: The Supreme Court ruled that a woman's right to choose to have an abortion fell within the right to privacy protected by the 14th Amendment, inferred from the 9th Amendment.
Significance: This landmark decision expanded the interpretation of personal rights and freedoms, showcasing the application of the 9th Amendment.