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US Constitution study guide: Difference between revisions
→Amendment 9 [rights not enumerated belong to the people]
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** and affirms that the rights of the people are not derived from the government | ** and affirms that the rights of the people are not derived from the government | ||
* the Federalists (see Hamilton No. 84) argued that this Amendment sufficed to preserve all the rights of the people | * the Federalists (see Hamilton No. 84) argued that this Amendment sufficed to preserve all the rights of the people | ||
** thereby a "bill or rights" would be | ** thereby a "bill or rights" would be unnecessary | ||
** additionally, he reasoned, enumerating a bill of rights would risk limiting the rights of the people to the rights listed in a bill or rights | ** additionally, he reasoned, enumerating a bill of rights would risk limiting the rights of the people to the rights listed in a bill or rights | ||
** subsequently, judicial review has accomplished the same, but Hamilton's warning remains cogent (logical), as the Courts can only rule on disputes in the law | ** subsequently, judicial review has accomplished the same, but Hamilton's warning remains cogent (logical), as the Courts can only rule on disputes in the law | ||
** the Ninth amendment has been rarely adjudicated (ruled on by the Courts) | ** the Ninth amendment has been rarely adjudicated (ruled on by the Courts) | ||
** it was invoked in by the Court in ''Griswold v. Connecticut'' (1965) | ** it was invoked in by the Court in ''Griswold v. Connecticut'' (1965)}}''' | ||
The '''{{#tip-text: | The '''{{#tip-text:enumeration in the Constitution, of certain rights|enumeration of rights | ||
* "enumeration" = explicit listing | * "enumeration" = explicit listing | ||
* therefore = the listing of "certain rights" in the Constitution}}''', '''{{shall not be construed|construed | * therefore = the listing of "certain rights" in the Constitution}}''', '''{{#tip-text:shall not be construed|construed | ||
* = interpreted, "taken to mean"}}''' to '''{{#tip-text:deny or disparage|deny or disparage | * = interpreted, "taken to mean"}}''' to '''{{#tip-text:deny or disparage|deny or disparage | ||
* "deny" = to take away | * "deny" = to take away | ||