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US Constitution, 9th Amendment

The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained by the people.

9th Amendment can be applied to protect rights of people. Yet Supreme Court hasn't based any decisions on 9th Amendment, almost never mentions it. Expecting judicial branch to never apply 9th Amendment has allowed other branches to expand their powers while violating people's rights.

SCOTUS treats 9th Amendment as a pandora box, fearing first decision based on it would create an infinite source of rights. Only effect it seems to have is to sometimes remind SCOTUS of the discipline of limited-government and balancing rights/powers. SCOTUS prefers to deflect arguments of existence of other rights, instead letting legislative branch recognize and enumerate a right by an amendment.




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