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US Constitution study guide: Difference between revisions
→Bill of Rights [Amendments 1-10]: 9th started
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'''{{#tip-text:[Amendment 9 overview]|Ninth Amendment | '''{{#tip-text:[Amendment 9 overview]|Ninth Amendment | ||
* | * affirms that the rights of the people are not limited to the rights that are "enumerated," or, explicitly stated, in the Constitution | ||
* }}''' | * it may seem obvious to people today that the rights of the people extend well past those protected by the original Constitution, as well as by subsequent amendments | ||
** however, it remains a significant limit upon the powers of the central 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 | |||
** thereby a "bill or rights" would be unecessary | |||
** 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 | |||
** the Ninth amendment has been rarely adjudicated (ruled on by the Courts) | |||
** it was invoked in by the Court in ''Griswold v. Connecticut'' (1965)* }}''' | |||
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. | The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. | ||
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* | * | ||
* }}''' | * }}''' | ||
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people | The powers not delegated to the United States by the Constitution, nor prohibited by it to the States|* "prohibited by it to the states" | ||
* | |||
* }}''', are reserved to the States respectively, or to the people. | |||
'''{{#tip-text:[Amendment 9 overview]|Ninth Amendment | |||
* "retains" or holds/ reserves all powers not "delegated" (given) to the Federal government under the Constitution to the states and/or the people | |||
* }}''' | |||
== Amendments XI-XVII | |||
{| class="wikitable" style="max-width: 1000px " | {| class="wikitable" style="max-width: 1000px " | ||