Friday, March 21, 2014

Amendment IV: Unenumerated Rights

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

A crucial amendment in the Constitution, this deals with rights that are not expressed in the document and how they are still retained by the people (citizens). This has been a hotly debated amendment for the classification of which unenumerated rights can actually be enforced. In the case United Public Workers v. Mitchel the Supreme Court said the right to engage in political activity is an unenumerated right. In Richmond Newspapers v. Virginia it expressed the press' right to report in criminal trials. As far as whether these decisions have been good or bad I believe that these decisions are good and good respectively. I am of the opinion that political efficacy is of vital importance and if someone cannot engage in political activity then there can be governmental control of who and how people are politically active. As far as the right of the press to report in criminal trials I think that it is a right for the press to report criminal trials (the judge can order a closed courtroom however). Due to the very heavy biases of the media and its ability to be coerced into reporting false news, the press' information should be taken with a grain of salt.

One of the major discussions surrounding this amendment is the issue of privacy. The issue of privacy is not expressly stated in the Constitution and this has led to some believing it is not a right under the law. Penumbra (a body of rights held to be guaranteed by implication in a civil constitution) is a word used to describe the rights expressed and implied through the combination of amendments 1, 3, and 4 in concert with the 9th. This allows the implication of privacy without the explicit expression of privacy. What do you think about these rights? What are some other rights that aren't in the Constitution that you think are still rights?

Even though it doesn't seem like it, the 9th Amendment is very important!


Everyone has a different opinion on privacy, what's yours?

Click here, for more information on this amendment.

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