What is the 9th Amendment?
The Ninth Amendment of the United States Constitution states, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." This amendment implies that the people hold more rights than those explicitly listed in the Constitution.
To argue that the unalienable right to keep and bear arms falls under the Ninth Amendment, consider the following points:
Natural Rights Philosophy: The concept of unalienable rights originates from natural rights philosophy, notably espoused by John Locke. Natural rights are inherent to individuals by virtue of their humanity. The right to self-defense, and by extension the right to bear arms, can be viewed as a fundamental aspect of these natural rights. Thus, even if not explicitly mentioned in the Constitution, the right to bear arms is inherent and retained by the people.
Historical Context: At the time of the founding, the right to keep and bear arms was widely accepted as a fundamental right necessary for self-defense, hunting, and ensuring a free state. The founders included the Second Amendment to explicitly protect this right, but their broader intent was to acknowledge it as a pre-existing right. The Ninth Amendment serves to reinforce that the enumeration of certain rights, such as those in the Second Amendment, should not imply the exclusion of other fundamental rights, including the natural right to self-defense.
Judicial Interpretation: The Supreme Court, in cases like District of Columbia v. Heller (2008), recognized the right to keep and bear arms as an individual right. Although this recognition is primarily based on the Second Amendment, it underscores that the right is deeply rooted in American history and tradition, which the Ninth Amendment aims to protect even if not explicitly enumerated.
Practical Considerations: The ability to defend oneself is a basic human need. Disallowing the means for self-defense (such as bearing arms) would undermine this essential right. The Ninth Amendment ensures that just because the Constitution does not list every single right does not mean those rights do not exist. Therefore, the right to keep and bear arms, as a means of self-defense, is protected under the broader umbrella of unenumerated rights guaranteed by the Ninth Amendment.
Preventing Government Overreach: The Ninth Amendment acts as a safeguard against government overreach by protecting fundamental rights that are not explicitly listed in the Constitution. This helps ensure that the government cannot infringe upon or deny rights simply because they are not enumerated. The right to keep and bear arms, as an essential aspect of individual liberty and personal security, falls into this category of protected rights.
the Ninth Amendment's purpose is to recognize and protect the broad spectrum of fundamental rights retained by the people. Given the historical, philosophical, and practical significance of the right to keep and bear arms, it is reasonable to argue that this right is among those unenumerated rights safeguarded by the Ninth Amendment.