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The 9th amendment explicitly says that just because a right is not enumerated in the constitution, doesn't mean it isn't there. I.e. individual rights are prot
by kemiller 10y ago
The 9th amendment explicitly says that just because a right is not enumerated in the constitution, doesn't mean it isn't there. I.e. individual rights are protected by the constitution whether they were spelled out or not. I can't think of a better indication from the framers that the document was intended to be interpreted liberally, to err on the side of individual rights rather than legislative power.
- joshuaheard 10y agoThe purpose of the bill of rights was to restrict government. So, the framers did not want their list to limit rights of the people. That is the purpose of the 9th Amendment (especially read in light of the 10th Amendment). Yes, there are ways to add rights: the states can add their own rights, and there is a process for amending the Constitution to add more rights. However, judicial interpretation is not one of them.