9th Amendment• …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.

“Forgotten 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

Right to PrivacyMost cherished / most controversial right not listed in the Constitution

Marry Have children

Send children to private schools

Abortion

Sexual privacy

Homes

CarsInternet

Griswald v. Connecticutt 1965

Right to maritial privacyPenumbras of emanations:

3rd, 4th, 5th amendments create “zones of privacy”

Roe v. Wade 197314th Amendment

Bowers v. Hardwick 19869th used as a defense