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    9th - 10th Amendment PDF

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    Donald King
    The 9th and 10th Amendments address unenumerated rights and state powers. The 9th Amendment provides that unenumerated rights not listed in the Constitution are still retained by the people. The 10th Amendment reserves powers not delegated to the federal government to the states and people. There has been ongoing debate around how broadly or narrowly to interpret these amendments regarding issues like privacy, medical decisions, immigration and education. Both amendments use vague language, making it difficult to reach concrete conclusions about their application to modern issues.

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    9th - 10th Amendment PDF

    Uploaded by

    Donald King
    296 views23 pages
    The 9th and 10th Amendments address unenumerated rights and state powers. The 9th Amendment provides that unenumerated rights not listed in the Constitution are still retained by the people. The 10th Amendment reserves powers not delegated to the federal government to the states and people. There has been ongoing debate around how broadly or narrowly to interpret these amendments regarding issues like privacy, medical decisions, immigration and education. Both amendments use vague language, making it difficult to reach concrete conclusions about their application to modern issues.

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    9th - 10th Amendment.pdf

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    The 9th and 10th Amendments address unenumerated rights and state powers. The 9th Amendment provides that unenumerated rights not listed in the Constitution are still retained by the people. The 10th Amendment reserves powers not delegated to the federal government to the states and people. There has been ongoing debate around how broadly or narrowly to interpret these amendments regarding issues like privacy, medical decisions, immigration and education. Both amendments use vague language, making it difficult to reach concrete conclusions about their application to modern issues.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    296 views23 pages

    9th - 10th Amendment PDF

    Uploaded by

    Donald King
    The 9th and 10th Amendments address unenumerated rights and state powers. The 9th Amendment provides that unenumerated rights not listed in the Constitution are still retained by the people. The 10th Amendment reserves powers not delegated to the federal government to the states and people. There has been ongoing debate around how broadly or narrowly to interpret these amendments regarding issues like privacy, medical decisions, immigration and education. Both amendments use vague language, making it difficult to reach concrete conclusions about their application to modern issues.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    The document discusses the history and debates around the 9th and 10th Amendments, including fears around unenumerated rights and states' rights during drafting. It also explores interpretations of the amendments' scope and how the Supreme Court has referenced the 9th Amendment in key cases.

    There are ongoing debates around whether the amendments give too much power to judges and the federal government or appropriately protect individual rights and state authority as intended. Specific controversies mentioned include abortion, immigration, drug laws, and gay rights.

    The document outlines 'strict' and 'loose' interpretations of the amendments. The strict view is that unenumerated rights do not exist, while the loose interpretation is that the amendments protect such rights as part of checks and balances. There is no consensus on the correct stance.

    The Bill of Rights

    The 9th & 10th Amendments

    What is the 9th / 10th Amendment?


    What are the controversies that these
    amendment have caused?
    The 9th Amendment
    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)?
    History Behind the 9th Amendment
    n Some Americans feared
    that not all protected
    rights would be included
    in the finished
    Constitution (1787)

    n Unenumerate rights =
    rights not specifically
    listed in the Constitution
    Strict vs. Loose Interpretations
    n Strict Interpretation: n Loose Interpretation:

    n If an right is not in the n The 9th & 10th Amends.


    Constitution, its not a protects unlisted rights /
    right
    powers
    n Amendment / new law
    n Part of checks / balances

    n The 9th & 10th Amends. n Many social issues can be


    gives judges / the resolved through the 9th
    national gov. too much & 10th Amends.
    power
    What has the Supreme Court said on the
    9th 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
    Example:
    n Freedom of Association: Is it in the
    Constitution?

    n Congress shall make no law respecting an


    establishment of religion, or prohibiting the free
    exercise thereof; abridging the freedom of
    speech, of the press; or the right of the people
    peaceably to assemble, and to petition the
    Government.
    Does the 9th Amendment cover contraception?
    Griswold v. Connecticut (1965)
    Is abortion covered under the 9th Amendment?
    Roe v. Wade (1973)
    Is sexual privacy / orientation covered?
    Bowers v. Hardwick (1986)
    Is the right to die protected by the
    9th Amendment?
    Dr. Jack Kevorkian (1928-2011)
    You Dont Know Jack (2010)
    The 10th Amendment
    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
    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
    Do state have the right to make their own
    laws under the 10th Amendment?
    n The Supreme Court
    claims that a state s
    right to legislate is
    covered under other
    parts of the
    Constitution

    n Most believe its


    covered officially
    under the 10th
    Amend.
    The Nullification Crisis (1832)
    The American Civil War (1861-65)
    Is immigration covered?
    Is education covered?
    Is medical marijuana covered?
    Does a state have control over
    their own National Guard troops?
    What is the future of the 9th Amendment?
    n Right now, the 9th
    Amendment is the center
    of major social debates in
    the US
    n Gay Rights
    n Abortion

    n The vague language of


    the Amendment makes
    concrete arguments
    difficult
    What is the future of the 10th Amendment?

    n Right now, the 10th


    Amendment is the center
    of major debates over
    Federal power
    n Immigration
    n Drug Control

    n The vague language of


    the Amendment makes
    concrete arguments
    difficult

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