Ninth Amendment to the United States Constitution

The 9th Amendment to the Constitution of the United States, which is Amendment IX, which is part of the Bill of Rights reads:

Wording

English:

German:

The 9th Amendment is listed as decided by the U.S. Congress legislative Deed, the eleventh article ( "Article the eleventh" ).

History

In his speech to the House of Representatives to present the original twelve constitutional amendments, which ultimately serves as the Bill of Rights were adopted and ten, James Madison said about the 9th and 10th Addition:

" It was also argued against a Bill of Rights that would be reduced by the enumeration of certain exceptions to the rights granted to that other rights not present in this list in their value. Moreover might follow by implication, that they are not excluded rights of government are assigned and, consequently, are uncertain. this is one of the most credible arguments against the introduction of a Bill of Rights in this system that I have ever heard, but I am convinced that we can refute it. I have tried this as you can in consideration of past can recognize clause of the fourth resolution. "

Madison spoke to the fears that an enumeration of certain of the power of the federal government exempt rights could be interpreted to mean that the rights of the Federal Government granted in Article 1 Section 8 of the new Constitution would go. In fact, this was the main argument of the Federalists against the inclusion of a Bill of Rights during the ratification of the Constitution. In fact, the government had so far also not authorized to establish a state religion, because they sure had no right. Thus, the Ninth Amendment is viewed as a reminder to Congress that it is a limited by enumerated rights organ.

In the recent past, however, was argued that the Ninth Amendment, particularly in conjunction with the tenth addition, emphasize that the Bill of Rights does not transfer rights from the government to the people, but a mere enumeration of some of the most important rights is that the people not been transferred to the government. Thus, the ninth amendment would recognize that some rights have remained the people and can not be mitigated by the government.

Due to the fourth footnote of the Ninth Amendment remained a controversial norm. Robert Bork compared him with an ink blot and said that judges are not authorized to check what hiding under that spot. Randy Barnett, however, said that the ninth additional presupposes a he called presumption of freedom.

Swell

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• Amendment to the Constitution of the United States