norml21 - Page 31
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marital privacy appear in the First _endmentr the Third
Amendment_s prohibition against quartering soldiers '_in any
house" in time of peace, the Fourth Amendment's express
affirmation of the _'right of the people to be secure in their
personsr houses, papers and effects against unreasonable searches
and seizures, '_ the Fifth Amen_ment_s self-incrimination clausef
and the provisions of the Ninth Amendment, which he quoted in
full. For the first time since its ratification, the Supreme
Court held a right was retained by the people under the Ninth
Amendment°
Mr. Justice Goldberg, in a separate concurring opinions in
which Chief Justice Warren and Justice Brennan joined,
extensively analyze the meaning of the Ninth Amendment. Although
he agreed that the due process concept of liberty protects
personal rights that are fundamental, and is not confined to the
specific terms of the Bill of Rights. Goldberg expressly
clarified that the purpose of his separate opinion was "to
emphasize the relevance of that Amendment (the Ninth) to the
Court's holdingo _' 381 U.So at 487° Justice Goldberg briefly
discussed the legislative history of the Ninth A_en_ment, quoting
from Madison's statements before the First Congress, Hamilton in
Federalist Paper Number 84 and from Justice Story's Commentaries
on the Constitutionl each supportive of a new and important role
for the Ninth Amendment° He concluded:
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