Breakdown...
Enumerated versus Unenumerated Rights
unenumerated rights: rights that have not been listed
The 9th Amendment:
Idea of privacy
Penumbra: shaded, outer area of shadow that lingers around amendments.
Cases:
United Public Workers V. Mitchell 1947
The right to engage in political activity.
The Hatch act was enacted in 1887. I restricted political activity of the executive branch employees of the federal government.
The United Public Workers (P) were federal employees who sought a declaratory judgment as well as injunctive relief authorizing them to take part in political campaigns. The argued that the Hatch Act was a violation of their first amendment rights. Mr. Poole, was the only plaintiff who had actually violated the Act and therefore faced being fired from his job. The rest of the plaintiffs simply stated that they desired to partake in campaigns, and do other political activities, though they had not done so previously.
Richmond Newspapers V. Virginia 1980
Gave the press the right to report in criminal trials.
The Appellant, Richmond Newspapers, moves to have a judicial order for closure of a criminal trial to the press and the public overturned as a violation of the First Amendment of the United States Constitution.
Reynolds V. Sims 1964
Gave the right for votes to count in State Electoral districts.
The Plaintiffs alleged that the last apportionment of the Alabama legislature was based on the 1900 federal census and that the population growth in the intervening six decades has now made representation discriminatory against areas with fast-growing populations.
Roe V. Wade 1973
Right to have an abortion without mothers life in jeopardy.
Appellant Jane Roe, a pregnant mother who wished to obtain an abortion, sued on behalf of all woman similarly situated in an effort to prevent the enforcement of Texas statutes criminalizing all abortions except those performed to save the life of the mother.
Griswold V. Connecticut 1965
At the time Connecticut state law prohibited the use of contraceptives even if married, and it was also illegal to teach about contraceptives.
Appellant Griswold, Executive Director of the Planned Parenthood League of Connecticut and Appellant Buxton, a licensed physician who served as Medical Director for the League at its Center in New Haven, were arrested and charged with giving information, instruction, and medical advice to married persons on means of preventing conception. Appellants were found guilty as accessories and fined $100 each. Appellants appealed on the theory that the accessory statute as applied violated right to privacy mentioned in the United States Constitution. Appellants claimed standing based on their professional relationship with the married people they advised.
Lawrence V. Texas 2003
Court recognized privacy rights of gay people as part of the free exercise clause in the Constitution.
Houston police were dispatched to Lawrence’s (D) apartment in response to a reported weapons disturbance. The officers found Lawrence and Garner (D) engaged in a sexual act. Lawrence and Garner were charged and convicted under Texas law of “deviate sexual intercourse, namely anal sex, with a member of the same sex (man).” Lawrence and Garner challenged the statute as a violation of the Equal Protection Clause of the Fourteenth Amendment. Lawrence and Garner were each fined $200 and order to pay $141.25 in costs. The Court of Appeals considered defendants’ federal constitutional arguments under both the Equal Protection and Due Process Clauses of the Fourteenth Amendment. After hearing the case en banc the court rejected the constitutional arguments and affirmed the convictions. The court held that Bowers v. Hardwick was controlling regarding the due process issue. The Supreme Court granted certiorari.
This video depicts a Christian's view of the 9nth Amendment in considering conception as a child that should be protected vs. Mothers rights to have an abortion. Regardless of your beliefs you should always educate yourself to different views so that you can understand both sides of the controversy.
This image depicts that we do have unenumerated rights, although they are not specificaly listed. This Amendment is definitely a living Amendment, it opens up the idea that we have more freedom than what is listed.
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