Ninth Amendment Protects Rights Not Enumerated

Amendment IX, A Protection of Rights Not Enumerated

The Bill of Rights was created to appease the Anti-Federalists, but many of the founders envisioned possible dangers in its creation. In fact, Alexander Hamilton in Federalist Paper #84 suggested that there existed the possibility of misinterpretations that may place the rights of the people in danger from an overpowering federal government.  In Federalist #84 Hamilton suggested that government may create exceptions to powers not granted, and argue the power exists because it is not denied by the Bill of Rights.  In other words, because the Constitution was designed to grant authorities, and those not listed are not granted, the Bill of Rights muddies the waters because those amendments tell the federal government what it can’t do.  Furthermore, many of the founders argued that the Bill of Rights is unnecessary, because prior to the creation of the Bill of Rights, the federal government was not given the authority by the first seven articles over any of the issues listed in those first amendments in the first place.

Regardless, the Anti-Federalists demanded the inclusion of the Bill of Rights in the Constitution, or they would not ratify the document.  Needing the support of the Anti-Federalists in order for the Constitution to be made law, the Founding Fathers that were at odds with the creation of the Bill of Rights compromised, and James Madison was given the task to write out the Bill of Rights.

Hundreds of proposed amendments were offered by the States.  Only twelve were considered.  Only ten were ratified by the States during that time period.  To answer the concerns of the Founding Fathers that the federal government may interfere with rights not enumerated by the Bill of Rights, the Ninth Amendment was included as one of those ten.

The founders expected the people to protect their own rights through self-government.  With freedom comes responsibility, therefore the people, when it came to their rights, should be governed by their conscience, not government.  This concept tasked the people to, with their individual judgment, to be civil, and to not encroach on another’s freedoms.  If citizens were guilty of violating someone else’s rights, the civil court system in each State would address the issue.  These courts are controlled by juries, and leaves all issues regarding rights at the local level.

The very notion of the federal government putting itself into a position of encroaching on the rights of the people was seen as tyrannical, and dangerous.  After all, how could a centralized, far removed, governmental power that is unfamiliar with local customs and laws properly administer private rights issues?

The problem presented by the Bill of Rights, however, is that by listing specific rights that the government shall not infringe upon, many of the founders believed that would open up the opportunity for the federal government to “interpret” the Constitution to mean that all other rights not listed are fair game.  Therefore, the wording of the Ninth Amendment was carefully fashioned to enable the reader to recognize its intent.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

In other words, the government cannot “deny or disparage” any rights, even the ones not listed in the Bill of Rights, because our rights are given to us by God.

-- Political Pistachio Conservative News and Commentary