The Ninth Amendment Today: A Guide to Its Current Applications and Implications
The Ninth Amendment to the U.S. Constitution, often seen as a cornerstone of privacy rights, plays a significant role in contemporary legal and social debates. However, its application is complex and not always straightforward. Let's explore how it is used today.
Understanding the Ninth Amendment
The Ninth Amendment of the U.S. Constitution states:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Moreover, in Lessee v. Washington (1833), Chief Justice Marshall further explained that the enumeration of rights in the Constitution does not mean that people do not have other rights beyond what is listed.
The Context and Core of the Ninth Amendment
Despite the absence of the exact wording "privacy" in the Constitution, many argue that the Ninth Amendment supports the fundamental right to privacy, which underpins the legal framework for abortion rights. However, this does not mean that all personal decisions are protected under the same standard. For example, choices regarding vaccination are afforded different protection.
Interpreting the Ninth Amendment Today
The Ninth Amendment is often invoked along with other amendments, such as the Fourth and Fifth, to infer a right to privacy. This interpretation is famously illustrated in the landmark case Roe v. Wade (1973), where the Supreme Court used the Ninth Amendment, alongside the Fourth and Fifth, to make a case for the right to privacy that supports abortion rights.
In simpler terms, the Ninth and Tenth Amendments provide clarity on the nature of federal powers and rights. While the Fourth Amendment delineates the right to protection against unreasonable searches and seizures, the Ninth Amendment emphasizes that this right and others are not exhaustive. It suggests that the listed rights are not complete, and others exist.
Key Cases Involving the Ninth Amendment
The following cases highlight the role of the Ninth Amendment in contemporary legal arguments:
1. District of Columbia v. Heller (2008)
In deciding whether the Second Amendment protects an individual's right to bear arms, the court noted that the Ninth Amendment supports the broader notion of private autonomy. This case is significant because it established that the right to bear arms is a fundamental personal right.
2. McDonald v. City of Chicago (2010)
This case extended the right to bear arms from the federal level to the states. Justice Scalia, in his opinion, discussed the right of parents to rear their children without state interference, citing the Ninth Amendment as a foundational principle.
3. Troxel v. Granville (2000)
This case involves parental rights and the extent to which a state can interfere. Here, the Ninth Amendment was cited in support of the autonomy of parents to make parenting decisions.
Challenges and Limitations of Ninth Amendment Litigation
Recent legal challenges based on the Ninth Amendment have not always been successful. For example, in Coons v. Lew (2014) and Coons v. Geithner (2012), the Ninth Amendment was not used to invalidate the individual health insurance mandate of the Affordable Care Act (Obamacare). Similarly, in Doe v. Hamburg (2013), the Ninth Amendment did not support claims of a lesbian seeking motherhood.
Despite these setbacks, the Ninth Amendment continues to be a valuable tool in legal arguments. Future cases are likely to frame challenges based on the autonomy granted by the Ninth Amendment in various forms, such as behavioral rights for sexual minorities, the right to end life, and resistance to involuntary medical or psychiatric treatment.
Finding Books and Resources on the Ninth Amendment
To gain a deeper understanding of the Ninth Amendment, consider reading the following resources:
The Rights Retained By the People: The First Years of the Ninth Amendment by Prof. Kurt Lash (2010) The Ninth Amendment and Constitutional Law by Prof. Richard H. Fallon (2008) Understanding the Ninth Amendment by Prof. Samuel L. Bray (2016)These works provide rich insights and a comprehensive understanding of the Ninth Amendment's role in current legal practice. They explore the historical context and contemporary applications, offering a nuanced view of this often misunderstood part of the Constitution.