Retained by the People: The Ninth Amendment

  Рет қаралды 88,481

The Federalist Society

The Federalist Society

Күн бұрын

It has been called a dead letter, an inkblot, the most important amendment in the Constitution. Although the Ninth Amendment was ratified in 1791, its history and purpose are contested to this day. It reads: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” But what does this mean? How have the courts interpreted it? What does it say about the role of government in protecting our rights?
Three distinguished law professors, Laurence H. Tribe, Randy E. Barnett, and Michael W. McConnell, take on these questions and more in Retained by the People.
00:00 - Opening
01:12 - Title Card
01:19 - Original Meaning of the Ninth Amendment
03:35 - The New Deal Effect
04:17: Court Cases and the Ninth Amendment
06:51 - Enumerated Rights and the Supreme Court
10:30 - Protection of Enumerated Rights
13:15 - Future of the Ninth Amendment in Court
15:34 - End Credits
#NinthAmendment #9thAmendment #Constitution #deadletter #law
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Follow Professor Laurence H. Tribe: @TribeLaw
/ tribelaw
Learn more about Professor Tribe:
hls.harvard.edu/faculty/direc...
Follow Professor Randy E. Barnett: @RandyEBarnett
/ randyebarnett
Learn more about Professor Barnett:
www.law.georgetown.edu/facult...
Follow Professor Michael W. McConnell: @StanfordConLaw
/ stanfordconlaw
Learn more about Professor McConnell:
law.stanford.edu/directory/mi...
Related Links & Differing views:
Judge Michael McConnell delivers fourth annual Hayek lecture [NYU Law]
www.law.nyu.edu/news/MCCONNEL...
The Ninth Amendment: It Means What It Says [Georgetown University Law Center]
scholarship.law.georgetown.ed...
The Ninth Amendment in Light of Text and History [Cato Supreme Court Review]
papers.ssrn.com/sol3/papers.c...
Dissenting from Natural Rights Nationalism: A Reply to Randy Barnett [Law & Liberty]
lawliberty.org/dissenting-fro...
Reconceiving the Ninth Amendment [Georgetown Law]
scholarship.law.georgetown.ed...

Пікірлер: 106
@sweetroscoeful
@sweetroscoeful 3 жыл бұрын
Great Vid. I better understand those that argue that the 9th amendment is the most important amdmendment.
@bryonwatkins1432
@bryonwatkins1432 3 жыл бұрын
Great, great video!!!! Thank you all!!!!
@Ms.GreenJeans
@Ms.GreenJeans 3 жыл бұрын
People always go to 10th amendment BUT, I'm always screaming NINTH!! Great video.
@nancypelosi_3705
@nancypelosi_3705 2 жыл бұрын
James Madison’ leader of the anti-federalist, added the 9th solely because the. powers of the 8th. Have a blessed week brother.
@Archangel4Truth
@Archangel4Truth 3 жыл бұрын
Thank you for such a good explanation of the 9th and the failure by Scotus to sufficiently weigh its limiting impact against government vs the Natrual or inalienable Unenumerated Rights. I would like to request a greater explanation of the part of the 10th Amendment that says OR THE PEOPLE. I thank you for your very educational videos.
@BlueBacon
@BlueBacon 2 жыл бұрын
"Or the people" means if the federal government didn't tell you no, and the state government didn't tell you no, then you're generally free to do something. For example, you can make the rules in your house, as long as they don't go against the state or federal "rules".
@robinsss
@robinsss Жыл бұрын
the unenumerated powers are protected by the constitution just like the enumerated ones are because some fall under the three inalienable rights and some can fall under ideas expressed in the declaration etc
@januarysson5633
@januarysson5633 Жыл бұрын
@@BlueBacon But that doesn’t mean the government can’t legislate on those issues in the future and narrow a retained right, does it?
@BlueBacon
@BlueBacon Жыл бұрын
@@januarysson5633 I don't see why not.
@1974jrod
@1974jrod 2 жыл бұрын
Very informative and well explained. Thank you.
@robjohn6943
@robjohn6943 Жыл бұрын
My favorite amendment, and sadly the most under utilized.
@euphegenia
@euphegenia 2 жыл бұрын
This is what Roe was decided on. They used the ninth amendment to argue that a right to an abortion is in the constitution.
@starbase51shiptestingfacil97
@starbase51shiptestingfacil97 2 жыл бұрын
The definition of the word "certain" has deviated from it's original meaning. The original "certain" which is still intact today is "sure; or without doubt or established beyond doubt". An alternate and erroneous definition has taken hold of the word "certain", "vague, selection of" The use of the word "certain" was to indicate that the founders had ABSOLUTELY no doubts about these rights. The abuse of powers has been an ongoing problem since the beginning of civilization, long before it was made into the Constitution. The enumerated rights, established in the Constitution shall not be interpreted to be denied, nor deprecated (or lessened) others (other rights) retained by the people. The 10 Amendments are the Bill (law) of Rights and protection against government powers (for the purposes of checks and balances), from either unintentional (incompetence) or intentional (criminal) abuse of power. The 9th Amendment is to state that the protections granted in the Bill of Rights can not be denied, nor can other rights be deprecated. Not all of the rights could be spelled out as it would take too long. There are currently 2 real-world examples of 9th Amendment violations. 1) Sarah Hohenberg of Shelbyville, TN. The city, using Home Owners Association (HOA) style city ordinance, excessively fined the owner for the appearance of the property for large sums of money, and took possession of the property when she couldn't pay the fines and kicked her out of her home. The problem is the appearance of the property is protected under the 1st Amendment, Freedom of Expression, and the city also ignored her property rights. The fines are unconstitutional, excessive, and illegal. 1st Amendment violation, the appearance of the house falls under the protection of Freedom of Expression. 3rd Amendment (Exhibit A) is an example of property owner's rights supersedes those of the governments. It's narrowest interpretation only applies to the housing of soldiers, while a 1 degree of broadening its interpretation would make property rights an enumerated right. 4th Amendment violation, the seizure of property was unreasonable (theft). Also, a 4th Amendment violation, unreasonable search (invasion of privacy) using HOA style ordinance, came inside her home to cite violations. 5th Amendment violation, Sarah Hohenberg was illegally fined, and her property was seized unlawfully (through fraudulent means) without Due Process. 6th Amendment violation, she was denied an appeal for injunctive relief, so the plaintiff could proceed to a fair trial. (ongoing, scheduled) 8th Amendment violations, the fines were excessive and illegal (fraud, government corruption) 9th Amendment violations, city ordinance is construed to be legal and completely oblivious to 1st Amendment (enumerated rights) protection and deprecated her property rights (other rights retained by the people). Being oblivious (just another word for stupid), her 1st Amendment right and property rights were deprived, which is unconstitutional. HOA-style ordinances are somewhat new, and many judges have not gotten up to speed, they are unconstitutional and illegal. It is a case of exceedingly egregious violation of a person's rights. The case is ongoing. 2) Civil and Administrative Asset Forfeiture. Law enforcement claims they are "dismantling criminal organizations". However, they failed to follow procedures to prove it. They never charged anyone with a crime. The government never got around to proving there was a crime. Money is simply stolen from the owner. In some cases, to prevent the owner from challenging the theft in court, "law enforcement" threatened to falsely imprison the owner, unless they waive their claim to the property, which is extortion (a crime). "Law enforcement" is so incompetent they don't even know they are committing a crime. Civil and Administrative Asset Forfeiture is construed as if 5th Amendment Due Process does not exist and 4th Amendment violation (unreason seizure, or theft) has not occurred. Apparently, many judges do not understand what Due Process means. Due Process is where the government charges the owner with a crime, then proceeds to prove it. Going to court to have stolen money returned is not Due Process. Due Process listed in the 5th Amendment is to ensure that seized property is legally seized (also must be prescribed as the penalty by law), which means the judge must render a verdict against the person charged, before seizing of property takes place. Seizing property illegally is theft by the government and the reason why it is unconstitutional. In both cases, government officials(s) could be charged with fraud, theft, grand larceny, racketeering, and government corruption.
@BlakeChastainFitness
@BlakeChastainFitness 3 жыл бұрын
Excellent video, helped me greatly with an essay I am writing!
@autentico3284
@autentico3284 10 ай бұрын
American citizens must retain the freedom and right to protect family and properties from foreign persons or countries, as individuals, in cases of child custody cases, properties and persons. No foreign person should be allowed to take, control or possessed anything or child of a natural born u.s citizens. This is a right that is natural in form, with no requirements, when transfer of an American born child to a non citizen or foreign in a child custody dispute, in my opinion is a crime against both the child and American citizens right to self protection and freedom to do so.
@spencerantoniomarlen-starr3069
@spencerantoniomarlen-starr3069 Жыл бұрын
Could you please do a video on how the 9th and 10th Amendment collectively mean much more than the sum of their parts?
@3dtour
@3dtour 2 жыл бұрын
To collect water that falls out of the sky should be an unspoken right, but it has been outlawed in many regions in the U.S. Just an example I thought of.
@coffecupl4776
@coffecupl4776 3 жыл бұрын
This is WONDERFUL.
@YourAirworthiness
@YourAirworthiness Жыл бұрын
Interesting they didn’t mention the full scope of the first clause, of the 9th Amendment.
@MrApplewine
@MrApplewine 2 жыл бұрын
I like natural law, but if you want to make that argument you would have to be very creative and elegant about the use of the 9th amendment for that purpose. One way to do that would be to say the court must meet with the legislature and explain to the legislators why the law is a violation of natural law and provide some enhanced mechanism to change the law in light of this case. This may include informing the public directly through the postal service of the ruling and how this is a violation of natural law and the 9th amendment. However, the ruling would not change the law by itself because the judges should not have the power. This would also preclude capital punishment for violation of any law which is a violation of natural law because if the person is dead then there would be no chance for them to be pardoned in the future, or for the change of law to effect them, or for amnesty to be granted upon the change of law.
@robinsss
@robinsss Жыл бұрын
''''''''However, the ruling would not change the law by itself because the judges should not have the power. ''''' the judges already have that power the constitution gave them that power
@MrApplewine
@MrApplewine Жыл бұрын
@@robinsss The constitution gives the power to change law to the legislative branch. So a court cannot create something new that the law does not provide for. They have to base their ruling on an existing law, and it can't just be a rubber stamp, it has to be based on the law in reality.
@robinsss
@robinsss Жыл бұрын
@@MrApplewine '''''So a court cannot create something new that the law does not provide for.''''' the court can enumerate a specific right that hasn't been enumerated inn the constitution like the right for gays to acquire the status of marriage
@MrApplewine
@MrApplewine Жыл бұрын
@@robinsss Yeah, which has to be based on an existing law like equal protection under the law. They can't create something without a basis in the law.
@spartanboxing1
@spartanboxing1 2 жыл бұрын
The 9th amendment clearly states that elected and unelected officials cannot take away any inherent rights stated in the amendments.
@robinsss
@robinsss Жыл бұрын
or those not stated in the amendments
@oihilguest5902
@oihilguest5902 2 жыл бұрын
I was arrested and charge d for tresspass on my own rental property and three other felonies added falsely prosecuted Arizona
@AdmoreMethod
@AdmoreMethod Жыл бұрын
Did you sue the State? If not, do it pro se.
@DansEarway
@DansEarway 2 жыл бұрын
👏👏👏
@jasonking9727
@jasonking9727 Жыл бұрын
The 9th means the rights granted to the legislature cannot use abuse the rights retained by the people by using the law making process to deprive or limit rights(enumerated or not).
@teoanselmi581
@teoanselmi581 2 жыл бұрын
9:16 but he was also joined by Chief Justice Earl Warren and MR.justice William Brennan
@gangsterghost7200
@gangsterghost7200 Жыл бұрын
Does 9th give us right to privacy?
@djangogeek
@djangogeek Жыл бұрын
5:49 - 6:06 Court is no longer willing to protect unenumerated rights 7:13 - 7:40 Court will only protect numerated rights 8:36 - 8:46 Substantive Due Process is established in the courts, some* protection of unenumerated rights 11:57 - 12:04 Only the legislature can protect unenumerated rights, not the courts - Scalia 12:57 - 13:15 The 9th amendment is dead "The 9th amendment is the most important amendment" maybe so but its ultimately worthless because it doesn't empower any branch of the federal government to protect the unenumerated rights. Scalia's dissenting opinion in Troxel v Granville is revealing: "I do not believe the Constitution entitles me to deny legal effect to laws that infringe upon that unenumerated right." So without another amendment empowering congress or the courts its actually unconstitutional to protect any of the rights mentioned in the ninth amendment, which defeats the point of the ninth amendment to begin with!
@MrApplewine
@MrApplewine 2 жыл бұрын
These ruling reasons are pretty bad, but the ruling sounds correct in the unique circumstances for totally different reasons than stated. There are logical and not expansive or arbitrary at all. For the 1998 case all you have to do it point to the right to a trial and say the 9th amendment says you should broadly interpret that with necessary and proper actions to support it. For example, if you can't observe trials, then how do you know the government is following the right to trial as protected? Boom! And, for the 2000 case, the right to raise your child doesn't have to be some sacrosanct thing that the 9th amendment implores judges to stand up for, that is stupid, and the judge isn't deciding what right a person has. The judge just has to say, show me the state law that says you can't raise your child as you see fit, and if there is no law then the court has no authority to do impose it. And, further if there is a law and you challenge it on the 9th amendment, then the state must try it in a court which follows due process, not a FAMILY COURT, because family court does not follow due process, equal protection etc. Boom! See, there are perfectly simple and basic, concrete, good reasons that these cases could be decided like they were, which are totally different than the arbitrary and vague, expansive reasons given.
@AdmoreMethod
@AdmoreMethod Жыл бұрын
Why doesn’t Family Court have to follow the Due Process clause?
@dylanhunt3855
@dylanhunt3855 9 ай бұрын
The Bill of Rights is written in a manner reminiscent of Euclidean Geometry. It consist of enumerated axioms. In the 18th Century scientist, such as Benjamin Franklin, were aware of the dilemma of the 5th axiom of Euclidean Geometry: the parallel line axiom. This dilemma may have informed the wording of the 9th amendment. However, it would not be until the 20th century when the dilemma was finally understood thanks to Kurt Frederick Godel’s proof of the incompleteness theorems of logic. After Godel’s work, the 9th amendment seems prescient. The problem is that the 18th century mind lacked the benefit of Godel’s results, and thus the 9th amendment is very poorly written.
@Au_Ag_ratio5021
@Au_Ag_ratio5021 3 ай бұрын
Godel became a U.S. citizen and received privileges and immunities.
@dylanhunt3855
@dylanhunt3855 3 ай бұрын
@@Au_Ag_ratio5021 I don’t follow. Which privileges and immunities are you referring to?
@Au_Ag_ratio5021
@Au_Ag_ratio5021 3 ай бұрын
@@dylanhunt3855 14th amendment.
@nodemediocrecy
@nodemediocrecy 6 ай бұрын
One may infer from the type of comments as to where the money trail leads, lawyers and attorneys do one thing very well, and that is to "pervert the course of justice", and as a matter of fact even at the level of judicial precident, the perversion is plain to see. If individual rights as property were meant to fall without consent, to the privity of the legislature, there would be no need of the chartering of any Constitution with respect to those rights. The ninth amendment is so plain that a child may understand its realization.
@AwokenMinds
@AwokenMinds 2 жыл бұрын
Treaties
@leobavaria9086
@leobavaria9086 3 жыл бұрын
Do a video about the supreme court expansion coming in 2021. That's allowed by the constitution too!
@Drew039
@Drew039 3 жыл бұрын
It is allowed, but 9 is a solid number. Any more than that you are building a mini-legislature.
@seawater4607
@seawater4607 2 жыл бұрын
@@Drew039 term limits needed for SCOTUS and house members’ term limits need to be raised to 4 years instead of 2
@Drew039
@Drew039 2 жыл бұрын
@@seawater4607 Term limits is a cop out. An educated populace will vote people out. Our problem is that we are like sheep and easily swayed by the uniparty’s media apparatus
@AdmoreMethod
@AdmoreMethod Жыл бұрын
It’s now 2022. No expansion. Where’d you get this idea?
@AdmoreMethod
@AdmoreMethod Жыл бұрын
FACT: Supreme Court decisions are OPINIONS. In fact, the day the Supreme Court meets to hand down their decisions are called OPINION DAYS. They’re not rules or laws. They’re merely OPINIONS. Which is why one Supreme Court can change or overrule or even strike down another Supreme Courts decision - because, they’re only OPINIONS. Let that sink in.
@robinsss
@robinsss Жыл бұрын
their opinions have the power of law and must be enforced
@roymcpherson7487
@roymcpherson7487 Жыл бұрын
@@robinsss but by whom?
@robinsss
@robinsss Жыл бұрын
@@roymcpherson7487 by federal law enforcement state city and county police
@roymcpherson7487
@roymcpherson7487 Жыл бұрын
@@robinsss what about when states disobey scotus rulings?
@robinsss
@robinsss Жыл бұрын
@@roymcpherson7487 then federal agents will come to the state to prevent state officials from enforcing the struck down law
@garyjohnson8327
@garyjohnson8327 5 ай бұрын
Allison screwed the pooch on that one
@richardransom7391
@richardransom7391 3 жыл бұрын
Local governments state government then federal government is what constitutional order of our republic government
@oldman_thompson
@oldman_thompson 3 жыл бұрын
@mike smith damn slaveless cesspool!
@HeatGeek1
@HeatGeek1 Жыл бұрын
Griswold... Griswold... I know that name! Wasn't that the guy in national lampoon Christmas vacation or something?
@jaym48
@jaym48 3 жыл бұрын
What the hell does "Substantive" due process? This does not make sense. The world in divided into "substance" and "procedures".
@AlphaVinlander
@AlphaVinlander Жыл бұрын
There are three levels of due process scrutiny.
@deanhowell6730
@deanhowell6730 Жыл бұрын
We were before government
@csilvermyst
@csilvermyst 2 жыл бұрын
Unenumerated Rights, like abortion?
@csilvermyst
@csilvermyst 2 жыл бұрын
@@ichatterbot not according to the 9th Amendment. Abortion, though not enumerated, when retained by the people (which ~70% have done so) may not be denied or disparaged.
@jonedson5910
@jonedson5910 Жыл бұрын
That and gay marriage
@robinsss
@robinsss Жыл бұрын
@@csilvermyst just because a state regulates a right does not automatically mean it will deny or disparage it
@robinsss
@robinsss Жыл бұрын
@@ichatterbot yes a state ca regulate a right as long is it doesn't prohibit the power to exercise that right
@csilvermyst
@csilvermyst Жыл бұрын
@@robinsss true, however many states have reminded us their incompetence to "regulate" rights. We do not have a strong enough set of civil rights to guarantee basic liberty and justice to all individuals despite a radical state's agenda.
@parzival9651
@parzival9651 2 жыл бұрын
So this goes against vaccine passports
@kennysmithsmith6015
@kennysmithsmith6015 5 ай бұрын
What laws are in place to protect our enumerated rights from corrupt government other than the 2nd amendment?
@prezdonaldtrump6215
@prezdonaldtrump6215 3 жыл бұрын
So this is the Go to Amendment against wearing a mask.
@leis288
@leis288 3 жыл бұрын
but that can easily be defended by recognizing the priority of public health
@jinndoe7068
@jinndoe7068 2 жыл бұрын
@@leis288 Destroying the economy and injecting citizens with a product.
@robinsss
@robinsss Жыл бұрын
@@leis288 the gov't is limited in what actions it can take to protect public health it can't violate rights in an effort to protect public health
@jetcitysinatra7300
@jetcitysinatra7300 3 жыл бұрын
The 9th Amendment does not have any power whatsoever. It is supposed to make sure that OUR rights that WE have stays OUR rights. Who decides what is a right and what isn't? Until the 1970's the "Right to privacy" wasn't considered a "Right Retained By The People" I own an Automobile but in order to take it where I want in exercising my "Right" to "Life Liberty and Pursuit of Happiness" I am not a "Driver" I therefore should not be forced to get a "Drivers License" because I am not "Driving" as the slang is used to dictate the legal definition of "Driver".
@kam2100
@kam2100 3 жыл бұрын
so you want people who haven't proven that they know what they're doing to get behind the wheel of a deadly vehicle and go ham on the streets? i'm not sure i understand your argument
@jetcitysinatra7300
@jetcitysinatra7300 3 жыл бұрын
@@kam2100 how many accodent happen by non licensed drivers? Just sayin most if not all of the accidents are caused by licensed drivers. I have been using an automobile for about 20 years without getting a license and never got into any trouble. Then I made fun of a Veterans Administration Police Officer who started hassling me for not having a license. I never ever got a ticket or into an accident. So having a license doesn't mean that you know how to drive,
@kam2100
@kam2100 3 жыл бұрын
@@jetcitysinatra7300 that is, quite possibly, the dumbest thing i’ve ever heard. if no one was required to take a test and prove that they know how to drive, most people likely wouldnt bother learning all they can before getting on the road. and the reason most accidents involve licensed drivers is because most people on the road have licenses. i’m willing to bet it’s nearly 100% even.
@jetcitysinatra7300
@jetcitysinatra7300 3 жыл бұрын
@@kam2100 i grew up on a farm and used trucks, cars and tractors. I never took a test to learn how to drive because I am not a "Driver" . That is why in my job title Driver is not a prt of it. I am a youtuber and artist. Now a Bus Driver is known as such because they are paid to "Drive" and the only reason what I said sounded dumb to you is because what I said is true. Just the other day a car accident happened in front of where I live. The Veterans Administration Police (I live on federal property by the way with no city jurisdiction to worry about) were there and I said "Oh my, they must have been an unlicensed driver" the cop said No, they had a license " in which I replied "Well, I guess people without a license is safer than those who took the test and got their's "
@kam2100
@kam2100 3 жыл бұрын
@@jetcitysinatra7300 good for you, you grew up on a farm. your experience is not universal, most people don’t grow up learning how to drive. if no one was required to have a license to drive unless it was their job to drive somewhere, there would certainly be a lot more accidents. also, from a simple google search i just did, “According to a study conducted by AAA Foundation for Traffic Safety, drivers without a valid license are responsible for 20 percent of all automobile accidents. This means that on average, a car accident with unlicensed driver cause about 8,400 deaths in the U.S. per year.” so your point here is completely moot.
@oihilguest5902
@oihilguest5902 2 жыл бұрын
It was a fabricated arrest
@TeaParty1776
@TeaParty1776 Жыл бұрын
The Enlightenment is the ONLY basically individualist culture in history and one of only two basically rational cultures in history, thus its protection of individual rights, ie, of mans independent mind. Evading or ignoring that guides the absurdly false interpretation of the Constitution as democratic or religious. "General welfare" refers to the welfare of all individuals, not to a mystical welfare transcending individuals. Rights are not created by a fantasy called God, by democracy, tradition or the state. Rights are a moral view of mans freedom of action in society. Thus the need of rights limited by each individual's selfish need of his own mind to guide his life. Rights limited by God, consensus, tradition or the alleged interests of the state don't protect mans independent mind, Sweet Land Of Liberty-HM Holzer Legal Review In An Objective Legal System-Tara Smith Man's Rights-Ayn Rand Declaration and Constitution for a Free Society-Brian Simpson (I've not read this)
@chicago618
@chicago618 2 жыл бұрын
13:58 what you mean if it’s understood as you understand it. What a pompous man.
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