Why aren’t all of your rights listed in the Constitution? The Ninth Amendment addresses this question. Let’s break it down.
What Does the Ninth Amendment Say?
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
James Madison and Alexander Hamilton, both Founding Fathers, disagreed about the placement of rights in the Constitution. Hamilton thought a Bill of Rights was dangerous. Seriously. It’s because he knew human nature all too well. Hamilton reasoned that if every single right we have wasn’t listed in the Constitution, some present or future government authority could declare certain rights didn’t exist.
On the other hand, Madison didn’t think listing every right was necessary because our U.S. Constitution limits and enumerates the Government’s rights, not the People’s rights. Our Constitution spells out the eighteen rights the Government has in Article I, section 8. Also, the Declaration of Independence makes it abundantly clear that God, not the Government, grants us our rights. Don’t forget Federalist 84, which basically says we limit liberty if we try to write down every right we can think of. We might miss one!
What Does the Ninth Amendment Mean?
Consequently, the Constitution doesn’t need to list every God-given right. In fact, it can’t. The Founders might miss one! Also, this is why you can’t just do whatever you want. For example, you can’t destroy someone else’s property because you are mad. Destruction of what does not belong to you is not a God-given right. However, the right to own the stuff you have worked for (private property) is a God-given right. Another God-given right is the right to life. That is why the United States prosecutes murder.
The Ninth Amendment Is Madison’s Answer to Hamilton’s Objection
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
You are entitled to your God-given rights, even if those rights aren’t listed in the Constitution. What is a “retained right?” These are our natural God-given rights. These existed long before the Ninth Amendment; this amendment did not create them.
The Ninth Amendment is still debated today, as you can imagine. You can join our discussion here: https://www.facebook.com/commonsensecivics
This is Common Sense Civics and Citizenship. 🇺🇸
We have been studying the Amendments. Find other recent articles here:
