9thamend

Protecting our Rights With the Ninth Amendment

Although our website has been devoted solely to genealogy for years, I am deviating from my policy of using it for genealogy purposes only. By profession I am a lawyer. Genealogy is only my hobby. The September 11 terrorist attack should be given priority in all places, and ideas and opinions should be fully shared on the internet.

In the aftermath of the September 11 attack we will see an erosion of protected rights that have existed for decades, and in some cases for centuries. Difficult decisions will be facing legislators and judges in the coming weeks and months - and perhaps years.
Our rights are enumerated in certain original articles of the constitution, as well as in amendments to the constitution. The first ten amendments, called the Bill or Rights, enumerates many of the rights protected under the consitution. Although many of us are familiar with the rights enumerated in the Bill or Rights, few citizens of the U.S. are familiar with the Ninth Amendment, which reads as follows:

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

The Ninth Amendment has been given very little interpretation by the Supreme Court. It was drafted by James Madison, who later became president. The Bill of Rights was the subject of much discussion in the Federalist Papers.

The Ninth Amendment can be the subject of much interpretation, and is perhaps the greatest weapon the average citizen has to avoid being a victim of the enforcement of rights of others. In protecting rights, there is always a balance to be drawn between the protection of one person's rights when that protection deprives others of rights. In defining "rights" what is meant by "others retained by the people" which should not be denied or disparaged? Does this perhaps mean that people have a right to safety and security in a time of national emergency - even though others are subjected to unexpected searches? Are these searches "unreasonable" under the circumstances? Is racial profiling - which has been the subject of much recent complaint and discussion - justified under some circumstances when national security is at risk? These are some of the difficult questions that need to be answered.

I have been personally fascinated by the Ninth Amendment for 15 years. It is my opinion that it should be given equal weight and equal consideration any time the rights enumerated under the constitution are invoked. The Supreme Court has not done this.

I would urge people to express opinions to their legislators about their concerns and own ideas of what rights of theirs should be protected under the Ninth Amendment. It is time that it be given due consideration.

If you are interested in learning more about the Ninth Amendment and the role is has played in judicial decisions, click here for a page of links to further information on the Ninth Amendment.

Rita Jacobs

This site is maintained by Lou and Rita Jacobs, 3312 Stoneleigh Drive, Lansing, MI 48910

Email: ljacobs@arq.net