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The Supreme Court has never really viewed the 9th amendment as a source of rights. Instead, the court has ruled that the right of privacy really exists in the entire bill of rights. The 9th amendment simply states that those powers not granted to the government remain with the people--almost an obvious statement.

2007-03-11 20:35:37 · answer #1 · answered by musicdotcm 3 · 0 1

No, it is protected by Supreme Court decisions which incorporated a few amendments and precedents as reasons.

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html
"The U. S. Constitution contains no express right to privacy. The Bill of Rights, however, reflects the concern of James Madison and other framers for protecting specific aspects of privacy, such as the privacy of beliefs (1st Amendment), privacy of the home against demands that it be used to house soldiers (3rd Amendment), privacy of the person and possessions as against unreasonable searches (4th Amendment), and the 5th Amendment's privilege against self-incrimination, which provides protection for the privacy of personal information. In addition, the Ninth Amendment states that the "enumeration of certain rights" in the Bill of Rights "shall not be construed to deny or disparage other rights retained by the people." The meaning of the Ninth Amendment is elusive, but some persons (including Justice Goldberg in his Griswold concurrence) have interpreted the Ninth Amendment as justification for broadly reading the Bill of Rights to protect privacy in ways not specifically provided in the first eight amendments"

2007-03-12 02:39:26 · answer #2 · answered by Anonymous · 0 0

That's one of the strongest constitutional arguments in favor of the concept.

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

Plain text. It defeats any argument that the Constitution was intended to protect only the specific enumerated rights listed.

And of all the possible rights, privacy in private dealings and bodily integrity (right to choose, medical decisions, etc) based on personal liberty are the most logical.

2007-03-12 02:39:44 · answer #3 · answered by coragryph 7 · 1 1

And/or the Tenth... Technically, yes. As well as many other things. But just try to find any court to say so.
The closest you'll get is that it is covered by provisions of the 4th and maybe 5th Amendment.

http://en.wikipedia.org/wiki/Ninth_Amendment_to_the_United_States_Constitution

2007-03-12 02:47:39 · answer #4 · answered by tj 6 · 0 0

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