Scholarship
The Ninth Amendment: The Hard Problem of U.S. Constitutional Law
University of Pittsburgh Law Review
Jorge Farinacci-Fernos examines several possible functions of the Ninth Amendment after Dobbs.
Begin with the source
The original text.
Amendment IX
Ratified December 15, 1791
U.S. Constitution / Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Original spelling and punctuation preserved.
Read. Compare. Follow the source.
The research file.
15 local PDFs for this amendment, with source details and a direct download for each. Start with an overview or follow a case.
Read each source in context. Court decisions and dated analyses are preserved as published. Later law may change their meaning. Sources marked as context explore related questions; they are not direct holdings on this amendment.
15 documents in this file
Scholarship
Reviving Elusive Rights: State Constitutional Unenumerated Rights Clauses as Bounded Guarantors of Fundamental Liberties
Georgetown Journal of Law & Public Policy
Comparative context: examines state unenumerated-rights clauses and their relationship to Ninth Amendment interpretive debates.
Scholarship
Baby Ninth Amendments and Unenumerated Individual Rights in State Constitutions Before the Civil War
Mercer Law Review / Northwestern University Law Review repository
Comparative scholarship traces state clauses inspired by the Ninth Amendment and their protection of unenumerated rights.
Official analysis
Constitution Annotated: Ninth Amendment - Unenumerated Rights
Congressional Research Service / Government Publishing Office
Official 2016 analysis of the 9th Amendment and its judicial interpretation; a dated research reference, not a continuously updated edition.
Scholarship
Inkblot: The Ninth Amendment as Textual Justification for Judicial Enforcement of the Right to Privacy
University of Chicago Law Review Dialogue
Kurt Lash examines competing views of the Ninth Amendment and judicial enforcement of privacy rights.
Scholarship
Natural Rights and the Ninth Amendment: How Does Lockean Legal Theory Assist in Interpretation?
NYU Journal of Law & Liberty
Michael McConnell examines retained natural rights and the Ninth Amendment through Lockean legal theory.
Scholarship
The Golden Mean Between Kurt & Dan: A Moderate Reading of the Ninth Amendment
Drake Law Review
Randy Barnett contrasts competing Ninth Amendment theories and argues for protection of fundamental liberties.
Scholarship
Three Myths of the Ninth Amendment
Drake Law Review
Kurt Lash challenges common individual-rights and historical assumptions about the Ninth Amendment.
Court decision
Lawrence v. Texas
Supreme Court of the United States / Library of Congress
Contextual Fourteenth Amendment liberty decision concerning adult intimacy, not a holding creating a Ninth Amendment cause of action.
Court decision
Troxel v. Granville
Supreme Court of the United States / Library of Congress
Contextual Fourteenth Amendment parental-rights decision; Justice Scalia discusses the Ninth Amendment in dissent, not a Ninth Amendment holding.
Court decision
Washington v. Glucksberg
Supreme Court of the United States / Library of Congress
Contextual substantive-due-process decision on asserted unenumerated rights and assisted suicide, not a Ninth Amendment holding.
Court decision
Griswold v. Connecticut
Supreme Court of the United States / Library of Congress
Addresses marital privacy; Justice Goldberg's concurrence discusses the Ninth Amendment, distinct from the majority's reasoning.
Court decision
United Public Workers v. Mitchell
Supreme Court of the United States / Library of Congress
Includes the Court's treatment of Ninth and Tenth Amendment objections to federal restrictions on political activity.
Court decision
Pierce v. Society of Sisters
Supreme Court of the United States / Library of Congress
Contextual Fourteenth Amendment decision about parental educational choices, not a Ninth Amendment holding.
Court decision
Meyer v. Nebraska
Supreme Court of the United States / Library of Congress
Contextual Fourteenth Amendment liberty decision about language education and family choices, not a Ninth Amendment holding.
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