A photograph of an antique book, possibly a copy of the U.S. Constitution, open to a page featuring the Ninth Amendment in calligraphic script. — An aged document featuring the Ninth Amendment, underscoring unenumerated rights retained by the people.

US Amendment 9: Unenumerated Rights and the Safeguarding of US Laws

Author Name: Nahyan | uslawguide

Last Updated: June 28, 2025

Often dubbed the “forgotten” or “mysterious” amendment, the US Amendment 9 plays a crucial, albeit subtle, role in American constitutional jurisprudence. Far from being a mere placeholder, it serves as a critical safeguard, ensuring that the enumeration of specific rights in the Constitution does not implicitly deny or disparage other rights retained by the people. This principle reinforces the broader philosophy behind US Amendments Bill of Rights and complements modern judicial efforts to protect implied liberties. For further context on the Ninth Amendment’s function, see.

Historical Context: The Fears that Shaped US Amendment 9

The genesis of the US Amendment 9 lies in a central paradox faced by the framers of the Bill of Rights. During the debates over the ratification of the Constitution, Anti-Federalists voiced a powerful critique: by listing specific rights, might the Bill of Rights inadvertently imply that any right not listed was therefore unprotected and subject to governmental infringement? They feared that such a list, rather than protecting, could inadvertently empower the federal government to make laws restricting unenumerated liberties.

James Madison, the primary author of the Bill of Rights, understood this dilemma. He recognized the necessity of explicitly guaranteeing fundamental freedoms to quell public fears and secure ratification of the Constitution. Yet, he also grappled with the inherent impossibility of compiling an exhaustive list of all human rights. To omit a right meant it was unprotected; to include it might suggest others were not.

The Ninth Amendment was Madison’s ingenious solution. It was intended as a rule of construction—a guide for interpreting the Constitution—to explicitly prevent such a misinterpretation of federal law-making power. It served as a constitutional failsafe, a clear statement that the listed rights in the first eight amendments were not exhaustive, nor were they meant to limit the vast reservoir of rights inherent to the people. This protective rationale complements Constitutional Amendment Louisiana and reinforces the interpretive guidance seen in modern constitutional.

The Core Legal Provisions of US Amendment 9

The full text of the US Amendment 9 is strikingly brief, yet its implications are vast:

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

Let’s dissect its key elements and their direct impact on law-making authority:

“The enumeration in the Constitution, of certain rights”: This refers specifically to the explicit rights listed in the first eight amendments of the Bill of Rights (e.g., freedom of speech, religion, the right to bear arms, protection against unreasonable searches, due process, etc.).
“shall not be construed to deny or disparage”: This is the core instruction to anyone interpreting the Constitution and, crucially, to those drafting or enforcing laws. It means that simply because a right is not explicitly mentioned in the text, it cannot be assumed that the right does not exist, or that it is somehow less important, or that it is automatically subject to governmental infringement. This acts as a clear warning against expansive interpretations of governmental power to make laws.
“others retained by the people”: This pivotal phrase confirms the existence of a broader, unspecified set of rights that belong to the citizenry. It suggests a vast reservoir of fundamental liberties held by individuals that governments, when crafting laws, must respect. These are not rights granted by the government, but rather rights retained by the people.

Judicial Interpretations: The “Penumbra” and The Quiet Influence on US Law

Historically, the Supreme Court has often been hesitant to base major rulings solely on the US Amendment 9. Its general nature makes it challenging to apply directly to specific legal disputes without broader constitutional context. However, its philosophical underpinning subtly influences the interpretation of US laws and other constitutional provisions.

Griswold v. Connecticut (1965): This is the most famous instance where the Ninth Amendment played a significant role, directly influencing the Court’s stance on state laws.
- Context: The case challenged a Connecticut state law that prohibited the use of contraceptive devices, even by married couples.
- Justice Douglas’s “Penumbra” Argument: The majority opinion, written by Justice William O. Douglas, established a constitutional right to privacy. While the primary argument relied on a “penumbra” (implied rights) emanating from the First, Third, Fourth, and Fifth Amendments, Justice Arthur Goldberg’s influential concurring opinion specifically invoked the US Amendment 9. Goldberg argued that the right to marital privacy was one of the fundamental “retained” rights protected by the Ninth Amendment, thereby serving as a constitutional limitation on state laws that would intrude upon such intimate personal decisions. This interpretation gave the 9th Amendment a tangible, albeit indirect, connection to privacy laws.
Reinforcement, Not Primary Basis: In subsequent privacy cases (e.g., concerning abortion rights), the Court has predominantly relied on the Due Process Clause of the 14th Amendment. However, the spirit of the Ninth Amendment, affirming the existence of unlisted rights, subtly underpins these decisions by reinforcing the idea that laws cannot arbitrarily infringe on fundamental, albeit unenumerated, liberties.
Limiting Governmental Power: Even when not explicitly cited as the sole basis for a ruling, the US Amendment 9 serves as a powerful reminder that the federal government is one of limited powers. It implicitly warns against the enactment of laws that infringe on rights merely because they are not written down, encouraging both legislative and judicial caution when considering the scope of governmental authority.

Impact on the Scope of US Laws and Individual Liberties

The US Amendment 9 has a profound, though often understated, impact on the landscape of US laws and the protection of individual liberties:

Placeholder for Future Rights: By acknowledging the existence of unenumerated rights, the 9th Amendment ensures that the Constitution is not a static document. It provides a constitutional foundation for protecting rights not explicitly contemplated or listed at the time of the founding but which are fundamental to liberty in a changing society. This allows for flexibility in the face of evolving societal norms and technological advancements, influencing how new laws are crafted and old laws are interpreted.
Preventing Enumeration from Being Exhaustive: Its core function is to prevent legal arguments that because a particular right (such as privacy, freedom of association, or the right to travel) isn’t explicitly listed, it doesn’t exist or isn’t protected from governmental laws. It thus acts as a vital counter-argument against narrow interpretations of the Bill of Rights.
Influence on State Action: Through the 14th Amendment’s Due Process Clause, the concept of unenumerated fundamental rights (which the 9th Amendment supports) can limit state laws as well. This ensures that states cannot arbitrarily infringe upon basic liberties that, while not explicitly listed, are deemed fundamental to human freedom.
Judicial Restraint vs. Activism: The US Amendment 9 frequently fuels debates between different judicial philosophies. Legal scholars and judges often discuss how much discretion judges should have to “discover” or protect unenumerated rights, and what are the legitimate limits on legislative laws based on those perceived rights.

Conclusion

While the US Amendment 9 rarely stands alone as the direct and sole basis for striking down a law, it serves as a profound and indispensable interpretive rule within American constitutional jurisprudence. It is a vital bulwark against governmental overreach, constantly reminding all branches of government—legislative, executive, and judicial—that their law-making and enforcement authority is not absolute. By protecting the vast, unlisted reservoir of human liberties, the US Amendment 9 ensures that the enumeration of rights in the Constitution is not an exhaustive list but rather a foundational guarantee for a dynamic and evolving understanding of freedom in the United States. It is a testament to the framers’ foresight, anticipating that the nation’s laws must always be subservient to the inherent dignity and liberty of its people.

Frequently Asked Questions About US Amendment 9

Q: What is the main purpose of US Amendment 9? A: The main purpose of the US Amendment 9 is to clarify that the list of rights in the Constitution (the Bill of Rights) is not exhaustive. It ensures that the enumeration of certain rights does not mean that other fundamental rights retained by the people are denied or can be infringed upon by laws.

Q: Why is the 9th Amendment often called the “forgotten amendment”? A: It’s often called the “forgotten amendment” because it has been rarely invoked directly as the sole basis for Supreme Court rulings. Its general language makes it less straightforward to apply to specific cases compared to other amendments, though its underlying principle is still significant in constitutional interpretation of laws.

Q: How did Griswold v. Connecticut connect to the US Amendment 9 and influence privacy laws? A: In Griswold v. Connecticut (1965), which established a constitutional right to privacy regarding contraception, a concurring opinion by Justice Arthur Goldberg explicitly used the US Amendment 9 to argue that the right to marital privacy was one of the fundamental “retained” rights, thereby limiting state laws that sought to prohibit the use of contraceptives.

Q: Does the 9th Amendment create new rights, or does it protect existing ones? A: The 9th Amendment does not create new rights. Instead, it serves as a rule of interpretation that acknowledges and protects pre-existing fundamental rights that are “retained by the people” even if they are not explicitly listed in the Constitution. It prevents governments from claiming that any right not specifically named can be infringed upon by laws.

Q: How does the 9th Amendment limit the government’s ability to pass laws? A: While indirectly, the 9th Amendment limits the government’s ability to pass laws by reinforcing the principle that government power is limited. It prevents the argument that the absence of a specific right in the Constitution means the government has unlimited power to make laws concerning that right. It suggests that there are inherent liberties that exist beyond the listed ones, which governments must respect.

Responsible Disclaimer: This article provides general information about US Amendment 9 and its historical and legal context. It is not intended as legal advice. For specific interpretations of constitutional law or legal counsel regarding particular laws or unenumerated rights, readers should consult a qualified attorney provider.