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Yet neither the language nor the history of the Ninth Amendment offers any hints as to the nature of the rights it was designed to protect. During the ratification debates over the Constitution, some opponents of ratification (“Anti-Federalists”) vociferously complained about the absence of a bill of rights. This amendment is sometimes used to stop the government from expanding its powers beyond those listed in the Constitution. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.The Federalists contended that a Bill of Rights was unnecessary because in their view the federal government possessed only limited powers that were expressly delegated to it by the Constitution. Nevertheless, because the Anti-Federalist demand for a bill of rights resonated with the public, Federalists like James Madison countered with a pledge to offer amendments after the Constitution’s ratification.  At the end of the list of rights to be added to Article I, Section 9 (where the individual right of habeas corpus was located) Madison would have placed the language that was the forerunner to the Ninth Amendment:As a representative from Virginia to the first Congress, Madison repeatedly insisted, over both indifference and vocal opposition, that the House take up the issue of amendments. Thomas McAffee contended that the Amendment referred to those “residual” rights that are not surrendered by the enumeration of powers. In a now famous and much-analyzed speech, he introduced a list of amendments that he proposed be inserted within the text of the Constitution so as literally to “amend” or change it. Such an amendment, the Anti-Federalists argued, would protect those liberties that might fall through the cracks of written constitutional provisions. Bork’s very public denial that any meaning of the Amendment could be discovered fueled intense academic interest in the original meaning of the text.It has been objected also against a bill of rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration, and it might follow by implication, that those rights which were not singled out, were intended to be assigned into the hands of the general government, and were consequently insecure. No one can or should decide that question for us.But perhaps the most illuminating evidence was discovered in 1987 among Madison’s papers: a list of proposed amendments in the handwriting of fellow committee member, Connecticut Representative Roger Sherman. Sherman is credited with the idea that amendments to the Constitution should be appended to the end, rather than literally modifying or “amending” the original text, as Madison assumed they would. It was still plausible, Madison believed, that the enumeration of particular rights might disparage other rights that were not enumerated. On the one hand, he had to satisfy colleagues who worried that the enumeration of specific rights might by implication deny the existence of other rights. The debates in both houses of Congress add little to the original understanding of the Ninth Amendment.


Proponents of nontextual rights could still argue that they should be enforced, and opponents of such rights could still argue that they did not exist. The Meaning. Nor do I mean to state that the Ninth Amendment constitutes an independent source of right protected from infringement by either the States or the Federal Government. . It is sometimes referred to as Amendment IX.