The Ninth Amendment had been mentioned infrequently in decisions of the Supreme Court 4 until it became the subject of some exegesis by several of the Justices in Griswold v. Connecticut. 5 There a statute prohibiting use of contraceptives was voided as an infringement of the right of marital privacy.
The Court has held, however, that Bill of Rights protections of free speech, assembly, and religious exercise (First Amendment), along with freedom from forced quartering of troops (Third), unreasonable searches and seizures (Fourth), and forced self-incrimination (Fifth) create “zones of privacy.” Further, the Ninth Amendment’s The Ninth Amendment clearly rebutted the possible presumption that enumeration of some rights precluded the recognition of others. By its terms, it provides that the enumeration of specific rights should not be “construed to deny or disparage” other rights. In particular, the Ninth Amendment has played a significant role in establishing a constitutional right to privacy. Ratified in 1791, the Ninth Amendment is an outgrowth of a disagreement between the Federalists and the Anti-Federalists over the importance of attaching a Bill of Rights to the Constitution. The 9th amendment lays focus on protecting the implicit rights and they mainly include the right to privacy and some unspecified rights like right to presumption of innocence and right to travel. Drawbacks The Ninth Amendment declares the fact that if a right is not explicitly mentioned in the Constitution it does not mean that the government can infringe on that right. The Supreme Court recognized the 14 th Amendment as providing a substantive due process right to privacy. The Ninth Amendment has grown only more important over time. Though the protections of the Bill of Rights amendments originally applied only to the federal government, the 14th Amendment has been
U.S. legal answer. Like all good legal answers… it depends. The main case where a right to privacy has been explored and articulated is Griswold v. Connecticut (1965), but the concept itself was explored earlier than that.
The 9th amendment lays focus on protecting the implicit rights and they mainly include the right to privacy and some unspecified rights like right to presumption of innocence and right to travel. Drawbacks The Ninth Amendment declares the fact that if a right is not explicitly mentioned in the Constitution it does not mean that the government can infringe on that right. The Supreme Court recognized the 14 th Amendment as providing a substantive due process right to privacy.
The meaning of the Ninth Amendment is elusive, but some persons (including Justice Goldberg in his Griswold concurrence) have interpreted the Ninth Amendment as justification for broadly reading the Bill of Rights to protect privacy in ways not specifically provided in the first eight amendments.
ISBN: 082405864X 9780824058647: OCLC Number: 24311870: Description: 2 volumes ; 24 cm. Contents: V. 1. Griswold Case and the expanded right to privacy / William M. Beaney --Ninth Amendment / Raoul Berger --History and meaning of the Ninth Amendment / Russell L. Caplan --Antimonopoly tradition under the Ninth and Fourteenth Amendments: slaughter-house cases reexamined / Michael Conant --What do
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