The Choice: The 9th Amendment
The PEOPLE hold additional rights besides those presently enumerated.
Issue #909 The Choice, Friday, August 15, 2025
Every Friday until the end of 2025, we will publish a post about each of the 27 Amendments to the Constitution.
The 9th Amendment to the United States Constitution reads:
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
The 9th Amendment, primarily written by James Madison, was ratified as part of the Bill of Rights in 1791 to acknowledge that the people hold additional rights beyond those specifically mentioned.
The 9th Amendment is also interpreted to mean that certain rights in the Constitution should not be construed to mean that the Constitution does not protect rights that are not enumerated.
The 9th Amendment serves as a reminder that the people inherently hold other fundamental rights, integral to the nation's ethos of liberty and justice.
Through the centuries, the 9th Amendment has been at the periphery of constitutional interpretation, and courts have often been reluctant to ground decisions solely on this amendment due to its open-ended nature.
However, one notable Supreme Court case is Griswold v. Connecticut (1965), where the Court recognized a right to privacy. Although not explicitly stated in the Constitution, the decision underscored that such a right was implied by the broader principles of liberty enshrined in the document, including the 9th Amendment.
This right to privacy has been used in many ways over the years, including with issues such as digital privacy, reproductive rights, and emerging technologies.
The 9th Amendment encourages citizens and lawmakers to consider what rights are inherent and essential, even if they are not explicitly enumerated.
The 9th Amendment continues to safeguard the principle that individual rights are expansive and not confined to those formally articulated within the Constitution.
Have you ever considered how the 9th Amendment applies to you?
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I appreciate your efforts, even if it's just to remind us how it's SUPPOSED to be. It's clear that the Constitution doesn't mean much to we the people. From Trump right down to ICE in the streets, the tenets of the Constitution are being not just violated but mocked. Calling something "unconstitutional" arouses no passion or even much curiosity, because we have learned that the judiciary by itself is helpless. To many of our fellow Americans, the Constitution is just an old piece of paper.