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Hey guys I need to find some other rights not mentioned in the constitution that people still have a right to because of amendment IX, any of you know of any? :confused

Is that the amendment that affords the states all rights not specifically given to federal government?

The 10th amendment affords states all powers not granted to the fed. The ninth states:

 

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

 

Its an extremely controversial right. Some say it just means that the government cant go beyond the powers granted to it but it still limits the rights of the people to those listed. Others, and the side I tend to agree with, say that it means that just because they listed a number of rights to the people, doesnt mean other rights can be encroached on. The most common and often cited right is the right to privacy.

 

Here is a piece that explains other rights and the foundation for the argument:

 

the question becomes what rights and/or powers do the people retain? The answer is not uniform throughout the United States because of differences in State Constitutions and local government charters. For the most fundamental statement of principle, however, one looks to the Declaration of Independence, where Thomas Jefferson penned the following: We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness -- That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed. . .

 

 

In these few phrases, our forefathers acknowledged the fundamental truth that all men are created equal3 and are endowed by their Creator with certain unalienable rights, that among these (i.e. without limitation) are Life, Liberty and the Pursuit of Happiness. Moreover, they clearly stated their view that the only legitimate purpose for any government is to secure men's unalienable rights, for the Declaration of Independence goes on to state "that whenever any Form of Government becomes destructive of these Ends [i.e. securing man's unalienable, God-given rights], it is the Right of the People to alter or to abolish it. . ." Thus we see that while there may be some differences between States and/or localities the same basic mission for government applies to all.

 

The Constitution and Bill of Rights represent a more thorough, but (according to the Ninth Amendment) not an exhaustive exploration of the unalienable rights given to Man by the Creator. Other rights that have been recognized include, the right to privacy, the right to travel, the right of self-defense, the right to pursue one's occupation of choice, the right to marry, and the right to bear children. Surely many other rights exist as well, but most of our rights exist not in the form of positive declarations of such rights, but rather as implied rights and/or powers that are retained by people when not delegated. This concept, as well, derives from the Declaration of Independence where our forefathers made it clear that government derives all of its just authority from the consent (i.e. the act of granting one's permission or approval to another by the exercise of one's free will) of the people.

 

 

http://web.archive.org/web/20040212084043/...thAmendment.htm

  • Author

no, its thats says peoples rights are not limited to those in the constitution

anything about the elastic clause in there?

anything about the elastic clause in there?

 

The elastic clause refers to the necessary and proper clause of the Article I Section 8 which allows Congress to make laws necessary and proper for carrying out its duties and powers.

  • Author

Thanks guys, I was able to get what I was looking for.

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