Download
1 / 4
50 likes | 1.03k Views
…designed only to limit power of the federal government …should not be used by the courts to expand the individual rights guaranteed by the Bill of Rights …does not protect extra rights beyond those listed in the Constitution.
E N D
…designed only to limit power of the federal government …should not be used by the courts to expand the individual rights guaranteed by the Bill of Rights …does not protect extra rights beyond those listed in the Constitution …unless the courts interpret the 9th to protect rights not listed in the Bill of Rights, the very purpose of the amendment is defeated …give federal court an obligation to protect “unenumerated” rights – just as they protect listed rights. 9th Amendment
…gives judges too much power Vague language invites judges to rely on personal ideas of fairness, rather than law …can destroy democracy by overruling laws passed by elected representatives …allows courts to use own substantive stands of justice to find “fundamental rights” …allows judges to interpret the law …judges have an obligation to enforce all amendments, including the 9th. …privacy, rt to travel, rt. to vote. association, etc Penumbras of Emanations Implied by rights listed “Forgotten Amendment”
Right to Privacy Most cherished / most controversial right not listed in the Constitution Have children Marry Send children to private schools Abortion Homes Internet Sexual privacy Cars
Griswald v. Connecticutt 1965 Right to maritial privacy Penumbras of emanations: 3rd, 4th, 5th amendments create “zones of privacy” Roe v. Wade 1973 14th Amendment Bowers v. Hardwick 1986 9th used as a defense
