How are rights established?

Question

Who approves which rights are good or not? Whats the process?

so basically with the declaration of independence we dont have to make new rights?

i believe we have to keep making some rights from now and then.

i have this essay i have to write, its about:

"Should the Ninth Amendment should be used by the Supreme Court to establish new rights for the people?" (i need to defend/refute/qualify this statement)


so, would that mean that the Supreme Court establishes rights? or do you think this is just like a trick question?

Answer 1

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

Thomas Jefferson's Declaration of Independence

Answer 2

{EDIT}

The 9th has not been used as a source of new rights. Instead, the Court created the concept of Substantive Due Process, arising out of the 5th and 14th Amendment Due Process clauses.

Substantive Due Process protects all "fundamental rights" to the same degree as the enumerated rights in the Constitution. Most of those fall within the concepts of personal liberty, or protection of vested interest (property rights), though some come through the "Penumbra" (meaning 'extension or shadow') of the 1st Amendment.

The Supreme Court, and to a lesser extent the other federal and state courts, determines what counts as a fundamental right. The standard is "that which is essential to an ordered liberty" or "rooted in our nation's history and tradition". Broad lines that allow them a great deal of latitude to tailor the definitions as they see fit.

Answer 3

The Constitution is where rights come from..some are directly defined, others are from combinations of 2 or more and some are assumed. for instance thereis no real right to privacy, but through rights to not be searched and not to have to testify against yourself and due process make up the idea of privacy.
The Constitution is enacted by Legislative Branch (Congress), enforced by the Executive Branch (President) and interpreted by the Judicial Branch ( Sup. Court)...no one branch can do anything without approval or checks and balances from the others...

Answer 4

To start with I just wanted to say might is always right.
But it would have been wrong to say that. So to the extent I understnad the question, I try to explain.

Some rights that were merely the desires/needs/wants of some sections in the past got the approval of society in due course and were recognized as established rights, some are considered fundamental (either in constitutions written or unwritten) in as much as to live with dignity and decency by a human being in the society. Certain rights are evolved over a period of time like some customary rights and thus are recognized and approved by the judiciary as settled law. They may also be legislated in due course by the governments concerned. Executive organ of government also approves some rights in the Local Administration through rules and regulations
There are N number of rights and categories in this regard..

It is up to the ruling governments to protect the rights in all times, and bar some fundamental rights during national emergencies/ exigencies and some in the interest of sovereignty, integrity and safety of mankind.etc. Judiciary, in most of the countries, acts as a watchdog over violation of rights. So in their own way the Justices help protecting, activating, ordering executing the rights by governments.National and International human right bodies, NGO and activists also work for the rights..
UN Human Right Council has many countries as members .
http://www.unhchr.ch/udhr/lang/eng.htm
http://www.unhchr.ch/html/hchr.htm
You can also check with the site of National Human Rights Commission, New Delhi, India i.e.
http://nhrc.nic.in/
There is an Act passed in India besides our Constitution and other laws in Human Right Act 1993:
http://nhrc.nic.in/HRAct.htm

Here in your question, “who approves which rights are good or not" deals with an evolving subject as new rights may come up in course of human progress or otherwise, for which struggles continue in the form of military wars and civil wars and guerilla wars, cold wars, masked wars till resolution one way or other.