norml21 - Page 19

Page 19 Previous , Next , Original Image
Return to Index

 ratification by three-fourths of the states, and the Eleventh
 proposed amendment was finally adopted as the Ninth Amendment to
 the Constitution.
 As one of the first commentators on :he Ninth Amendment,
 Knowton Kelsey, observed:
 The Ninth Amendment is not meaningless or
 superfluous° Surely it is more than a mere
 negative on implied grants of power that might
 otherwise be asserted because of the express
 enumeration of rights in respect: of matters where
 no power was granted. It must be more than a mere
 net to catch fish in supposedly fishless water.
 It is certainly more than a mere emphasis on the
 doctrine of delegated and enumerated powers. It
 must be a positive declaration of existing, though
 unnamed rights, which ma" re vindicated under the
 authoi_t,i_____ h9 Amendment whenever and if ever
 any governmental authority shall aspire to
 Zi!_qranted p_gwer in contravention of "unenumerated
 Kelsey_ The Ninth Amendment of theFederal Constitution, Ii Ind.
 LoJ. 309, 323 (1936) (emphasis added).
 Thus, the Ninth Amendment was intended by the First Congress
 to embody substantive protection for unenumerated rights of the
 E. The Tenth _m_endment, by reserving to the States or
 to the peoples powers not delegated to the Federal
 Government_ supports the substantive
 interpretation of the Ninth Amendment and
 establishes that the creation of crimes without

Previous , Next , Return to Index