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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.
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.
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 ...
The Ninth Amendment (1791) declares that individuals have other fundamental rights, in addition to those stated in the Constitution. During the Constitutional ratification debates, Anti-Federalists argued that a Bill of Rights should be added.
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.
Courts have viewed the due process clause, and sometimes other clauses of the Constitution, as embracing those fundamental rights that are "implicit in the concept of ordered liberty". [34] Just what those rights are is not always clear, nor is the Supreme Court's authority to enforce such unenumerated rights clear. [35]
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]
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.