Let’s Study the Constitution, Part 9

The Coach's Team ^ | 8/5/17 | Susan Frickey

[Oldpuppymax]

The Ninth Amendment, also known as the “silent” Amendment, says “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? What makes the Ninth Amendment unique is that it guarantees protection of all our rights even though they may not be specifically mentioned in the Constitution. Just because the document is silent on some natural rights does not mean they do not exist. The Ninth Amendment closes the loophole.

James Madison was concerned that any attempt to enumerate fundamental liberties would be incomplete and might imperil other freedoms not specifically put forward. He said, “If an enumeration be made of all our rights, will it not be implied that everything omitted is given to the general government?”

The Ninth amendment is the only one that had no predecessor in English Law. It stems solely from the genius and experience of those who framed and ratified the Constitution.

Remember too that the principles established in the Declaration of Independence laid the foundation of our Constitution. The Declaration states that all men “are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among men, deriving their just powers from the consent of the governed . . .”

The Framers didn’t believe they were creating or granting these liberties in the Bill of Rights. They were merely acknowledging the natural rights that exist for all men, a fact that...