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Matthews, 926 F.2d 532, 537 (6th Cir. 1991) that the Ninth Amendment was intended to vitiate the maxim of expressio unius est exclusio alterius according to which the express mention of one thing excludes all others: [16] [T]he ninth amendment does not confer substantive rights in addition to those conferred by other portions of our governing law.
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.
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
Implied or unenumerated rights are rights that courts may find to exist even though not expressly guaranteed by written law or custom; one example is the right to privacy in the United States, and the Ninth Amendment explicitly shows that other rights are also protected.
Unenumerated rights may become enumerated rights when certainty is needed, such as in federal nations where laws of subordinate states may conflict with federal laws. [1] The term "unenumerated rights" may be used loosely to mean any unstated natural rights and legal rights or the intrinsic human rights of an individual. [1]
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] Consequently, Justice Douglas argued that the constitution included "penumbral rights of privacy and repose."
This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether to terminate her pregnancy.
Civil liberties in the United States are certain unalienable rights retained by (as opposed to privileges granted to) those in the United States, under the Constitution of the United States, as interpreted and clarified by the Supreme Court of the United States and lower federal courts. [1]