"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
The bill of rights is not a complete listing of rights that a US citizen has. Just because some rights are not listed in the constitution it does not mean that they not exist.
Judge Michael McConnell speaks about the Ninth Amendment
Annually, the Case School of Law hosts the Sumner Canary Lecture, which is generously endowed by the family of Sumner Canary, a 1927 alumnus of the law school. Judge Canary was appointed to the Ohio Court of Appeals for the Eighth District, where he served from 1967 until his death in 1980. This year's speaker was Judge Michael W. McConnell, who has serves on the U.S. Court of Appeals for the 10th Circuit since 2002. The lecture was given on Oct. 15, and a webcast is available on the law school website.
A graduate of the University of Chicago School of Law (1979), McConnell clerked for the late Justice William Brennan, worked for the U.S. Solicitor General's Office, and was a professor at the University of Chicago Law School. Since his appointment to the 10th Circuit, he teaches at the University of Utah College of Law, and has been a visiting professor at Harvard Law School and Stanford Law School.
The topic for this year's lecture was "Natural Rights, Enumerated Rights, and the Ninth Amendment." McConnell began with a short history of the Bill of Rights, which became part of the Constitution in 1791. He pointed out that, as Locke and Hobbes explained, "natural rights are rights of persons in 'the state of nature,'" that is, before governments were established. He added, "The Bill doesn't create rights; it recognizes them." Briefly put, natural rights existed before positive or enumerated rights became realities.
But the Founding Fathers had serious doubts about including any list of rights. As Alexander Hamilton explained in Federalist No. 84, an enumeration might be dangerous because any right not included in the list could be presumed not to be protected. McConnell elaborated that "it is simply not possible to make a list of natural rights." Yet the framers of the Constitution agreed that certain rights superseded any formal enumeration.
Their solution to this conundrum was the Ninth Amendment, which reads, "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others held by the people." "Others held by the people" refers to natural or retained rights under the Lockean social contract. The statement recognizes that certain rights are implicit in being human. Throughout its history, the Supreme Court has shied away from interpreting the Ninth Amendment, and has never stated exactly what rights are retained by the people. Yet the inclusion of this provision in the Bill of Rights underlies the importance of natural rights not enumerated.
A graduate of the University of Chicago School of Law (1979), McConnell clerked for the late Justice William Brennan, worked for the U.S. Solicitor General's Office, and was a professor at the University of Chicago Law School. Since his appointment to the 10th Circuit, he teaches at the University of Utah College of Law, and has been a visiting professor at Harvard Law School and Stanford Law School.
The topic for this year's lecture was "Natural Rights, Enumerated Rights, and the Ninth Amendment." McConnell began with a short history of the Bill of Rights, which became part of the Constitution in 1791. He pointed out that, as Locke and Hobbes explained, "natural rights are rights of persons in 'the state of nature,'" that is, before governments were established. He added, "The Bill doesn't create rights; it recognizes them." Briefly put, natural rights existed before positive or enumerated rights became realities.
But the Founding Fathers had serious doubts about including any list of rights. As Alexander Hamilton explained in Federalist No. 84, an enumeration might be dangerous because any right not included in the list could be presumed not to be protected. McConnell elaborated that "it is simply not possible to make a list of natural rights." Yet the framers of the Constitution agreed that certain rights superseded any formal enumeration.
Their solution to this conundrum was the Ninth Amendment, which reads, "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others held by the people." "Others held by the people" refers to natural or retained rights under the Lockean social contract. The statement recognizes that certain rights are implicit in being human. Throughout its history, the Supreme Court has shied away from interpreting the Ninth Amendment, and has never stated exactly what rights are retained by the people. Yet the inclusion of this provision in the Bill of Rights underlies the importance of natural rights not enumerated.
McConnell provided additional insights in a later interview. As a legal scholar who has extensively studied the separation of church and state, he explained his neutrality argument concerning religion in public schools. Though generally labeled a conservative, he would oppose an amendment allowing prayer in public schools. The two reasons he gives are that there would be pressure on students to participate in prayer and that such a prayer, composed by an agent of the state, the teacher, would amount to the government instructing students on how to pray. McConnell asserts that public schools should provide accommodations for students that believe in the importance of prayer during the school day, but that the government cannot have a "one-size-fits-all prayer for the entire classroom."
Regarding Roe v. Wade, McConnell thinks that though this case is an important decision whose repercussions are not yet behind us, it should not be "elevated to a litmus test for judges in a way that is inappropriate." McConnell explained that nominees who support abortion rights, or believe that the Constitution does not protect such rights, should not be immediately disqualified.
McConnell suggested that students who want to go to law school consider this career path carefully. "Do something else for a year or two before going to law school," he said. "Find out a little more about who you are and what your real interests are before rushing on into three more years of schooling."
Regarding Roe v. Wade, McConnell thinks that though this case is an important decision whose repercussions are not yet behind us, it should not be "elevated to a litmus test for judges in a way that is inappropriate." McConnell explained that nominees who support abortion rights, or believe that the Constitution does not protect such rights, should not be immediately disqualified.
McConnell suggested that students who want to go to law school consider this career path carefully. "Do something else for a year or two before going to law school," he said. "Find out a little more about who you are and what your real interests are before rushing on into three more years of schooling."
Comment:
This article states the true purpose of the Ninth Amendment. It mentions the Founding Fathers' aprenhation about including a list of rights that a citizen should have and how the Ninth Amendment states that just because the rights weren't specifically included citizens still have them.
The Ninth Amendment
Comment:
Michael Badnarik explains the Ninth Amendment very well. He mention that there was not enough paper to include all the rights that we have. He also mentions that the Ninth Amendment is open to interpretation on what rights we truly have. Just because the Constitution does not say that we have the right to get married and have kids it does not mean that we can not do it. The rights are there they are just not on a piece of paper.
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