These are protections from governmental interference into substantive areas that are determined to be worth protecting. The is done in the strict language of the United States Constitution, and in the case law that has evolved due to decisions issued by the United States Supreme Court in response to cases and controversies brought before it by the parties to various disputes surrounding them.
These are the substantive liberties written out in the Bill of Rights:
- First Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
- establishment of religion
- free exercise
- speech
- press
- peaceful assembly
- petition
- Second Amendment:
A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.
- the right to keep and bear arms
- Third Amendment:
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
- quartering soldiers
That's it. Some people involved in the process argued that this was not enough. Other rights exist. Not listing them would allow these additional rights to be ignored. The ninth amendment was meant to make it clear that other rights existed. Nevertheless, not everyone agrees.
- Ninth Amendment.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
What might these additional rights be?
- travel
- privacy
- autonomy
- dignity
- vote
- work
- marriage
- choose and follow a profession
- a presumption of innocence
- demand proof beyond a reasonable doubt before being convicted of a crime
- reproductive autonomy/right to be free from compulsory sterilization
- use the federal courts
- run for office
- serve on a jury
- sue
- testify
