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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.
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.
When civil and political rights are not guaranteed to all as part of equal protection of laws, or when such guarantees exist on paper but are not respected in practice, opposition, legal action and even social unrest may ensue. Civil rights movements in the United States gathered steam by 1848 with such documents as the Declaration of Sentiment.
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 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 text of Amendment II to the United States Constitution, ratified December 15, 1791, states that: "A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed." [8] —
The first article of the Declaration of the Rights of Man and of the Citizen proclaims that "Men are born and remain free and equal in rights. Social distinctions may be based only on common utility." The first article of the Declaration of the Rights of Woman and the Female Citizen replies: "Woman is born free and remains equal to man in rights.
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]