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The ninth amendment was added to the Bill of Rights to ensure that the maxim expressio unius est exclusio alterius would not be used at a later time to deny fundamental rights merely because they were not specifically enumerated in the Constitution.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. [103] The Ninth Amendment declares that there are additional fundamental rights that exist outside the Constitution. The rights enumerated in the Constitution are not an explicit and exhaustive list of individual ...
restrictions on the political process (e.g., the rights of voting, association, and free speech); and; the rights of "discrete and insular minorities". See U.S. V. Carolene Products Co. (1938). The Court usually looks first to see if there is a fundamental right, by examining if the right can be found deeply rooted in American history and ...
The right to participate in the political process, such as the rights of voting, association, and free speech The rights of "discrete and insular minorities" The Supreme Court usually looks first to see whether the right is a fundamental right by examining whether it is deeply rooted in American history and traditions.
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.
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.
By Nate Raymond (Reuters) -A federal appeals court on Saturday allowed a judge's ruling that barred California from enforcing a new law that bans the carrying of guns in most public places on the ...
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]