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9th Amendment Presentation

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Serenity Drake

on 25 February 2011

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Transcript of 9th Amendment Presentation

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

The 9th Amendment Griswold was the Executive Director of the Planned Parenthood League of Connecticut. Both she and the Medical Director for the League gave information, instruction, and other medical advice to married couples concerning birth control. Griswold and her colleague were convicted under a Connecticut law which criminalized the provision of counselling, and other medical treatment, to married persons for purposes of preventing conception.

Court Cases involving this Amendment Griswold v. Connecticut (1965) Question:
Does the Constitution protect the right of marital privacy against state restrictions on a couple's ability to be counseled in the use of contraceptives?

Answer: Together, the First, Third, Fourth, and Ninth Amendments, create a new constitutional right, the right to privacy in marital relations. The Connecticut statute conflicts with the exercise of this right and is therefore null and void.
---Griswold Won
Roe v. Wade (1973) Roe, a Texas resident, sought to terminate her pregnancy by abortion. Texas law prohibited abortions except to save the pregnant woman's life. Question:
Does the Constitution embrace a woman's right to terminate her pregnancy by abortion?

Answer: The Court held that a woman's right to an abortion fell within the right to privacy.
---Roe Won Rights the 9th Amendment Gives Us: The first part of the 9th Amendment is called "The Enumeration of Rights Clause." It states there are certain rights of the people, which are specifically listed (the Bill of Rights), in the Constitution.

The second part of the 9th Amendment is called "The Rights Retained by the People Clause." This clause states that any rights that naturally belong to human beings are still protected rights. In other words, the government cannot infringe on these rights, even though the Constitution doesn't say it can't. The History of the 9th Amendment During the Constitutional Convention in Philadelphia (1787), many thought the Constitution did not sufficiently protect the basic natural rights of the citizens. James Madison agreed with this and on June 8th, 1789, he presented to the First Congress, a list of proposed amendments. Congress liked these ideas and changed the wording slightly to more clearly define things, then added them to the Constitution as The Bill of Rights. How this Amendment has been Interpreted There are two basic views of this amendment: One that the Courts are supposed to protect people from the government violating a long list of unspecified rights and two, that there are many rights not listed in the Constitution that are protected rights, yet it is not the job of the Courts to decide what those rights are exactly.
Though, people who say that these things, such as the "right" to die, abortion and gay marriage, are also natural rights that are not listed in the Constitution, believe that the majority of the people, through their legislatures, are unjustly and unconstitutionally violating their rights to do these things when they pass laws against them and that it is the Courts' job to protect these rights.

Overall, the First, Third, Fourth, and Ninth Amendments, together, create a new view of rights that are not listed in the Constitution.
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