For decades, politicians and public figures have argued that constitutional rights not explicitly listed in the text of the Constitution are invalid. They claim that cases like Obergefell v. Hodges, Roe v. Wade, and other landmark decisions involving LGBTQ+ rights, reproductive rights, and personal autonomy have no legitimate constitutional foundation. According to this view, only the specific rights enumerated in the Bill of Rights or expressly defined elsewhere in the Constitution can be protected. However, this interpretation directly contradicts the plain language of the Ninth Amendment.
The Ninth Amendment was included in the Bill of Rights precisely to prevent such a narrow reading of the Constitution. It states that the enumeration of certain rights “shall not be construed to deny or disparage others retained by the people.” In other words, the fact that a right is not listed in the first eight amendments does not mean it does not exist. The amendment serves as a recognition that rights extend beyond those explicitly written—protecting the liberties that are fundamental to human dignity and self-determination.
Despite its clear purpose, the Ninth Amendment has been largely ignored in constitutional debates, often dismissed as vague or impractical. But ignoring it does not erase its significance. If we take the Constitution seriously, then we must recognize that the rights it protects are broader than a simple checklist. The founders understood that future generations would need constitutional safeguards beyond those they could foresee, and the Ninth Amendment ensures those protections endure.
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