The Silent Amendment

The IX Amendment –

“The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”

The Ninth Amendment to the United States Constitution acts as a safety net to ensure all individuals are afforded their fundamental rights, even if they are not specifically mentioned. 

This Amendment works in conjunction with the first eight Amendments to make up the Bill of Rights. The Ninth Amendment includes rights that are not specifically listed in the Constitution. 

Because these rights not detailed, they have been very controversial in regards to the law and the judicial system. 

The Ninth Amendment is designed to protect citizens of the United States from an expansion of governmental power. Since it is impossible to list each and every power and right afforded to the people, the Ninth Amendment acts as a catch-all to those rights that are specifically listed. 

The main purpose of the amendment is to protect individuals’ basic rights such as life, liberty, and the pursuit of happiness, which are listed in the Declaration of Independence. 

The Founding Fathers of America believed that these natural rights, or “inalienable rights,” are a gift from God or nature, and cannot be denied.

The Ninth Amendment was one of the most controversial amendments in the Bill of Rights. In 1789, James Madison and Alexander Hamilton presented a draft of the Amendment to the House of Representatives, despite the argument from the Federalists that it weakened the power of the state and federal government. 

The final text of the Amendment became an official part of the Constitution on December 15, 1791 after a three-fourths majority of the states approved it. This pleased the anti-federalists who were in favor of protecting the people from a centralized government overextending its power.

When it comes to the Ninth Amendment, the court system is bound by a guide led by basic common sense. Since there is not written foundations for interpreting the rights covered in the amendment, it is up to the courts to decide what is and what is not covered. 

In general, the amendment is regarded as a preventative measure to keep the government from expanding its powers when concerning the rights of the people. 

Since there is much controversy, even among leaders in the court systems, there has never been a judicial decision made on the basis of the amendment alone. The amendment has simply been cited in certain cases. 

Due to the lack of cases in which the amendment has been used as a basis for, it is sometimes referred to as “the silent amendment.”

The United States Constitution does not explicitly mention the right to privacy, and this is just one example of the vagueness of the Ninth Amendment. 

According to the Founders of the Constitution, including James Madison, the right to privacy is just one example of the rights not listed in, but interpreted in the Ninth Amendment. 

Because the right to privacy is not specifically mentioned, there is plenty of controversy regarding whether or not the right truly exists. In the 1920s, the Supreme Court regarded the right to privacy as a guarantee of the Ninth and Fourteenth Amendment.