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Retained by the People: The "Silent" Ninth Amendment and the Constitutional Rights Americans Don't Know They Have. Perseus Books Group. ISBN 978-0-465-02298-4. Lash, Kurt T. (2009). The Lost History of the Ninth Amendment. Oxford University Press. ISBN 978-0-19-537261-8.
The courts have viewed the Due Process Clause and sometimes other clauses of the Constitution as embracing the fundamental rights that are "implicit in the concept of ordered liberty". [6] The rights have not been clearly identified and the Supreme Court's authority to enforce the unenumerated rights is unclear. [7]
Equal Rights Amendment: Would ensure the equality of rights by the federal or state governments based on sex. Proposed March 22, 1972. Initial ratification period ended March 22, 1979; purported [26] extension period ended June 30, 1982; amendment failed. [a] District of Columbia Voting Rights Amendment
The Anti-Federalists persisted, and several state ratification conventions refused to ratify the Constitution without a more specific list of protections, so the First Congress added what became the Ninth Amendment as a compromise. Because the rights protected by the Ninth Amendment are not specified, they are referred to as "unenumerated".
The 9th Circuit also upheld the part of a preliminary injunction that barred Hawaii from enforcing a ban on guns in parking areas shared by government buildings and private businesses.
The Ninth Amendment and Fourteenth Amendment recognized that not all human rights were enumerated in the original United States Constitution. The Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 are examples of human rights that were enumerated by Congress well after the Constitution's writing.
The Fifth Amendment in its Self-Incrimination Clause enables the citizen to create a zone of privacy which government may not force him to surrender to his detriment. The Ninth Amendment provides: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." [30]
In particular, courts look to whether the right is "so rooted in the traditions and conscience of our people as to be ranked as fundamental." [14] Individual states may guarantee other rights as fundamental. That is, States may add to fundamental rights but can never diminish and rarely infringe upon fundamental rights by legislative processes.