9. Amendment to the United States Constitution
The 9th Amendment to the Constitution of the United States of America , Amendment IX , which is part of the Bill of Rights , reads:
text
English:
- The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
German:
- The enumeration of certain rights in the constitution must not be interpreted as denying or restricting other rights reserved for the people.
The 9th Amendment to the Constitution is listed as the eleventh article ("Article the eleventh") of the US Congress .
history
Speaking to the House of Representatives to introduce the original twelve amendments, ten of which were ultimately adopted and known as the Bill of Rights , James Madison said of the 9th and 10th amendments:
“There was also an objection to a Bill of Rights that enumerating certain exceptions to the rights granted would reduce the value of the other rights not included in this enumeration. Furthermore, it could follow by implication that these non-excluded rights are assigned to the government and are consequently insecure. This is one of the most credible arguments against the introduction of a Bill of Rights into this system that I have ever heard, but I am convinced that I can refute it. I have tried to do this, as you can see by considering the last clause of the fourth resolution. "
Madison addressed fears that listing certain rights exempted from the power of the federal government could be interpreted to mean that the rights of the federal government would go beyond those granted in Article 1, Section 8 of the new constitution. In fact, this was also the main argument of the federalists against the inclusion of a Bill of Rights during the constitutional ratification. In fact, the government has not yet been authorized to establish a state religion because it had no right to do so. Thus the ninth amendment is seen as a reminder to Congress that it is an organ limited by enumerated rights.
More recently, however, it has been argued that the ninth amendment, particularly in conjunction with the tenth amendment , emphasizes that the Bill of Rights does not transfer rights from government to people, but is a mere enumeration of some of the most important rights enjoyed by the people were not transferred to the government. The ninth amendment would recognize that some rights have remained with the people and cannot be weakened by the government.
Because of the fourth footnote, the ninth amendment remained a controversial norm. Robert Bork compared it to an ink blot and said that judges were not authorized to examine what was hidden under this blot. Randy Barnett, on the other hand, said that the ninth addition presupposed what he called a presumption of freedom .
