The Bill of Rights
The 9th & 10th Amendments
What is the 9th / 10th Amendment?
What are the controversies that these
amendment have caused?
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The 9th and 10th Amendments: Protecting Unenumerated Rights and States' Powers, Lecture notes of Religion
An overview of the 9th and 10th Amendments to the US Constitution, their historical context, and the controversies they have caused. The 9th Amendment addresses unenumerated rights, while the 10th Amendment deals with states' powers. various interpretations of these amendments and their impact on social issues, including freedom of association, contraception, abortion, sexual privacy, the right to die, and states' rights. The document also discusses key Supreme Court cases and debates over federal power and the future implications of these amendments.
What you will learn
- What social issues have been resolved through the 9th and 10th Amendments?
- What are the controversies surrounding the 9th and 10th Amendments?
- How have the 9th and 10th Amendments impacted federalism and states' rights?
- How have the 9th and 10th Amendments been interpreted by the Supreme Court?
- What are the main themes of the 9th and 10th Amendments?
Typology: Lecture notes
2021/2022
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The Bill of Rights
The 9th & 10th Amendments
What is the 9th / 10th Amendment?
What are the controversies that these
amendment have caused?
n The enumeration in the Constitution, of
certain rights, shall not be construed to
deny or disparage others retained by the
people
n Themes:
n Did we miss anything (for the citizens)?
The 9th Amendment
Strict vs. Loose Interpretations
n Strict Interpretation: n If an right is not in the Constitution, its not a right n Amendment / new law n The 9th & 10th Amends. gives judges / the national gov. too much power n Loose Interpretation: n The 9th & 10th Amends. protects unlisted rights / powers n Part of checks / balances n Many social issues can be resolved through the 9th & 10th Amends.
What has the Supreme Court said on the 9 th Amendments?
n The Supreme Court
has never offered a
definitive ruling
n The Court, instead,
has used other
Amendments w/ the
9th & 10th
Amendment to make
their rulings
Does the 9th Amendment cover contraception? Griswold v. Connecticut (1965)
Is abortion covered under the 9th Amendment? Roe v. Wade (1973)
Is the right to die protected by the
th
Amendment?
Dr. Jack Kevorkian (1928-2011)
n The powers not delegated to the United
States by the Constitution, nor prohibited
by it to the States, are reserved to the States
respectively…
n Themes:
n We kind of still miss the Articles of
Confederation…
The 10th Amendment
History Behind the 10th Amendment n Some state leaders feared that the Federal government would use the Constitution to take away the powers of the states n States rights v. Federalism n Implied Powers = powers not specifically listed in the Constitution
The Nullification Crisis (1832)
The American Civil War (1861-65)