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Preserving Democracy Aims of the Ninth Amendment

"We the People of the United States...do ordain and establish this Constitution for the United States of America." Within those opening words, the framers of the U.S. Constitution made clear their intentions for democracy in America and their disregard for previous despotic institutions. No longer viewing the individual's highest duty to be obedience to the state, our founding fathers displayed a firm commitment to bolstering the significance and dignity of the individual. This new found faith in the ability of the populace to govern itself is known as democracy. Democracy itself is an ideal that was developed by the ancient Greeks around 500 B.C. Inherent in all of the freedoms of democracy are certain "inalienable rights" that are guaranteed to every citizen who resides under that democracy. Following the Constitutional Convention, Federalists, who

supported the ratification of the Constitution, obtained the support by promising that an enumeration of the rights of all citizens that would be added as an amendment to the Constitution after it had been ratified, to Anti-Federalists who opposed ratification due to the lack of enumerated rights. In order to outline and expound upon

those rights, the Constitution was a


government, could not survive without the guarantee of the ninth amendment that the people shall retain those rights which were given them with birth and which will neither be denied nor disparaged. The increasing clarity of the ninth amendment will continue to

democratic rights. Bork demonstrated his ineptitude and his inability to be a Supreme Court Justice by stating that he could not logically view the ninth amendment from the mindset of the Constitution's framers. The ability of a Supreme Court Justice to trust his own insinuations into the minds of our founding fathers is what allows them to make a clear, responsible and accurate assertion about the ramifications of the wording of the Constitution. Unenumerated rights are, by definition, rights that are not specifically listed and are, therefore, more or less unknown. If it was possible to enumerate all of the rights that are delegated to the people under the ninth amendment then it would have been done and the innocuity innate in its creation would be forever erased. As those

Once the Constitution had been put into effect and representatives had been sent to Congress, it was time for the amendments that had been promised, to be sent before Congress. The leader in the proposition of amendments to the new Congress was James

not infringe upon the rights of others. Another modern political debate is that of the legality of homosexuality. Seeing as how, regardless of their sexual orientation, homosexuals are citizens of the United States of America, they also have the right to decide for themselves the person with whom they engage in sexual relations. Sexuality is, therefore, one more of the unenumerated rights bestowed upon the people under the "innocuous" amendment. Wisely effected for this use, the ninth amendment was cited in the case of Roe v. Wade in the determination of a woman's right to have an abortion. This right, while not enumerated in the Constitution is still a right of the people under the ninth amendment. The ninth amendment, while famously misunderstood and misinterpreted by Judge Robert Bork in his 1987 confirmation hearing, has only recently been utilized as a tool in the fight for the preservation of the individual citizen's

Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Amendment nine, while protecting citizens from the infringement of the

Madison, the "Father of the Constitution." Madison's chief intention in proposing his amendments to the Constitution was to prevent "...the abridgment of the freedom of the people by [the] gradual and silent encroachments of those in power." Madison originally



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Approximate Word count = 1914
Approximate Pages = 8 (250 words per page double spaced)


  

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