Hello,
Well, we could make up any right, couldn't we? But, the point the founders were making is that there ARE other Constitutional rights. So, the next time right wingers ask, where is THAT right listed in the Constitution, tell 'em in the 9th.
excon
Hey there ex...
"What can they be"???....
Those retained by the people.
The 9th amendment does not list any rights, there are no rights contained in the 9th amendment. it was put in the Bill of rights to do exactly what it says. If the people say as an example, "women should have the right to choose"...The government cannot come back with " well it isn't listed in the Bill of Rights, so it cant be done. The 9th amendment doesn't assume the "right to choose" is a valid right, it says we can MAKE it one, (retained by the people)
Look at the 11th through the 27th amendments, if the 9th does what you think it does, none of those amendments dealing with rights would have been needed...
in any case, have a great day, you have that right...
If you read some commentary and SC opinions you can understand why the Ninth was included and how it has been used. Without it we would not have a Constitutionally protected right to privacy, as an example. Read what the framers wrote about why they included the Ninth. Basically, they knew they could not list every right that a free society should have and expect and cherish and hold to be implied by virtue of freedom and liberty. It was brilliant. There is much to read if you are interested, both by the framers as well as case opinions that discuss the rationale of decisions relying on the Ninth, usually along with one of the First through Eighth Amendments. A common thread is something like, If Y is a right based on one of the first eight Amendments, then it follows that X is logically a right as well and shall be established via the Ninth.
So, no is the answer to your question "Well, we could make up any right, couldn't we?"
Why waste any time on amendments when soon they'll all be deleted by the extreme left wingers, Whoa!!!
