Wednesday, February 8, 2023

The Unenumerated Rights

- From US Legal: Amendment IX – Non-Enumerated Rights (1791).

Some of the non-enumerated rights recognized by Supreme Court are as follows:

- right to an abortion based on right to privacy[ii].

- right to choose and follow a profession[iii];

- right to attend and report on criminal trials[iv];

- right to receive equal protection not only from the states but also from the federal government[v];

- right to a presumption of innocence and to demand proof beyond a reasonable doubt before being convicted of a crime[vi];

- right to associate with others[vii];

right to privacy[viii];

right to travel within the United States[ix];

right to marry or not to marry[x];

- right to make one’s own choice about having children/ right to reproductive autonomy/right to be free from compulsory sterilization[xi]

- right to educate one’s children as long as one meets certain minimum standards set by the state[xii];

- right to vote, subject only to reasonable restrictions to prevent fraud, and to cast a ballot equal in weight to those of other citizens[xiii];

- right to use the federal courts and other governmental institutions and to urge others to use these processes to protect their interests[xiv];

- right to retain American citizenship, despite even criminal activities, until explicitly and voluntarily renouncing it[xv]; [For more on loss of citizenship click here and scroll down to "loss of citizenship.]

The Supreme Court has also used this power not to recognize certain rights asserted by people. In Wash. v. Glucksberg, 521 U.S. 702 (U.S. 1997), the Supreme Court ruled that the right to die is not a non-enumerated constitutional right.


There's more to come, but this gives you an idea of how expansive the court can be in determining what these rights are - of course they can always change their minds.