norml21 - Page 32

 The statements of Madison and Story make
 clear that the framers did not intend that
 the first eight amendments be construed to
 exhaust the basic and fundamental rights
 which the Constitution guaranteed to the
 people.
 381 U.So at 490.
 Justice Goldberg, after discussion and citations of
 decisions in which the Supreme Court asserted as fundamental
 rights unenumerated in the Constitution, reached the conclusion
 that the Ninth Amendment did not broaden mhe authority of the
 Supreme Court, but fathers served "to support what this Court has
 been doing in protecting fundamental rightso _' 381 U.S° at 493°
 It is clear that Justice Goldberg intended greater reliance upon
 the provisions of the Ninth Amendment in furthering unenumerated
 human rights:
 While the Ninth Amendment -- and indeed the
 entire Bill of Rights -- originally concerned
 restrictions upon federal powerr the
 subsequently enacted Fourteenth Amendment
 prohibits the State as well from abridging
 fundamental personal liberties. Andf the
 Ninth Amendment_ indicating that not all such
 liberties are specifically mentioned in the
 first eight amendments, is surely relevant in
 showing the existence of other fundamental
 personal righ




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