The Ninth Amendment reads, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Wow! Although all those unalienable rights mentioned in the Declaration of Independence are not listed separately in the Bill of Rights, number nine is our guarantee we still have them! So, let's talk about the roots of number nine...
In 1787, members of the Constitutional Convention only agreed to ratify our Constitution if its powers were limited by a series of exceptions guaranteeing the 'fundamental principles of human liberty.' (a) A huge gap had to be compromised between two groups with opposing views on how to accomplish that task. Primarily everyone was trying to reinforce the tenet '...that all men are created equal, that they are endowed by their Creator with certain unalienable Rights...'
One side believed to avoid government encroachment into our freedoms these guaranteed rights needed to be written down in the form of amendments. The other, including James Madison, disagreed. He summed up their concerns when he asked, "If an enumeration be made of all our rights," he queried, "will it not be implied that everything omitted is given to the general government?" (b) Remember...both sides were attempting to achieve the same goal, but from different directions.
The stalemate was finally broken. Everyone agreed the delegates of our first Congress would be mandated to introduce a number of legislative articles creating the guarantees both sides were insisting on having. In 1789, James Madison did just that. As a result, the first ten amendments to the Constitution were adopted and have become known as 'The Bill of Rights'.
Although most citizens are familiar with other amendments addressing freedoms of speech, right to bear arms, self-incrimination, etc., number nine was the heart of the compromise. It is an umbrella guaranteeing all those unpenned freedoms James Madison feared would be trampled on by government intervention simply because they were not listed.
Sadly, after two centuries, these freedoms are still under seige. Today, Christians and other elements in our country are attempting to legislate their personal morals on ALL the People. They are quick to point out the 'religious' men who wrote the Constitution would be on their side today, backing legislation against abortion and many of their other personal beliefs. Wrong!
In a time when most Americans were Christians, representatives from the 13 colonies had the clarity to see governments and churches must be separate in order to survive in a country alike in so many ways yet diverse in so many others. According to a sentiment expressed by Patrick Henry, "It cannot be emphasized too strongly or too often that this great nation was founded, not by religionists, but by Christians; not on religions, but on the Gospel of Jesus Christ. For this very reason peoples of other faiths have been afforded asylum, prosperity, and freedom of worship here." (c) Luckily, his thoughts prevailed...
In summary, our citizens should be thankful some very religious men, with deep rooted convictions, put aside their personal sentiments and forged a government out of the diversity of a fledgling, war-torn nation. And what was their first battle in their first Congress? They made sure the powers of our Constitution could not trample on the rights guaranteed to every American citizens. To eliminate any doubt that these freedoms were not limited only to those listed, they included the Ninth Amendment. It remains there today in its shadowy repose, teeth barred, against all intruders attacking our unpenned, unalienable rights.
Our sitting Congressional representatives need to be reminded of this history, their oath to uphold these guarantees and the melting pot they serve...for in their forgetfulness, lies the destruction of this nation...
a: http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
b: http://legal-dictionary.thefreedictionary.com/9th+Amendment
c: http://www.brainyquote.com/
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