How has the Supreme Court interpreted the Ninth Amendment of the US Constitution?
The Ninth Amendment of the US Constitution states that “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” The Supreme Court has had to interpret this vague amendment throughout history. In Griswold v. Connecticut, the Supreme Court found that the Ninth Amendment created a “right of privacy” between individuals and the government. They later used this to strike down a law in Washington prohibiting the sale, possession, and use of birth control. In Roe v. Wade, the Supreme Court again used the Ninth Amendment to protect a woman’s right to choose abortion. The Court held that the right of privacy was fundamental, and could not be denied by the government under the Ninth Amendment. The Supreme Court has also used the Ninth Amendment to protect the rights of individuals in other contexts. In the case of the Washington v. Glucksburg, the Court held that the Ninth Amendment “broadly protects all fundamental rights, even those not specifically mentioned in the first eight amendments.” In conclusion, the Supreme Court has generally interpreted the Ninth Amendment as a broad protection of fundamental rights that are not specifically addressed in the Constitution. These rights include the right to privacy, the right to choose abortion, and the right to certain other fundamental rights.
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