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U.S. Constitution Title: Ninth and 10th do not cite specific rights The Ninth and 10th amendments to the U.S. Constitution don't receive as much attention as their siblings in the Bill of Rights, but they are no less important in the day-to-day lives of citizens in our community. The two amendments are similar in that they don't specifically spell out rights available to Americans. Rather they address rights and powers that had not been previously addressed by the Constitution or the earlier amendments. The Ninth Amendment is an acknowledgment that Congress couldn't possibly outline all of the rights that Americans have, but people do not lose those rights — privacy and self-defense, for instance — even though they hadn't been made explicit. Similarly, the 10th Amendment addresses the powers of the federal government and the states. Those powers not given to the federal government — such as hiring and firing local officials and educating children — become the responsibility of the states and the people. "Together, the amendments are a restraint on the power of the central government," said Margaret Branson, associate director of the Center for Civic Education, a Calabasas, Calif.-based nonprofit organization. "The Ninth Amendment is a recognition that every human being is born with certain rights that are inalienable. As individuals and as a people, we get to decide which rights we will give to our government. It's quite the opposite from a totalitarian government." More relevant than ever Branson said the Ninth and 10th amendments are more relevant today than ever, given the tensions American society has faced in recent years concerning personal liberty and government power. As an example, she mentioned the right to privacy, which isn't expressly mentioned in the Constitution. Americans have had their privacy rights eroded by government eavesdropping on telephone calls in the name of national security. Roy Spece Jr., a constitutional law professor at the James E. Rogers College of Law at the University of Arizona, said another unmentioned right practiced by people every day is birth control as it relates to abortion. Spece said the Ninth Amendment has been invoked by courts to protect the abortion rights of individuals from government. Another example of how the Ninth Amendment affects daily life is in the right to bear arms. Peter Goudinoff, a former UA political-science professor and former state legislator, said most people cite the Second Amendment, which specifically grants the right to bear arms, as the reason gun ownership is legal. But Goudinoff said the right of self-defense, which is protected by the Ninth Amendment, is what actually gives people the right to have a means of self-defense, meaning they can possess a gun. Vital to states' rights The 10th Amendment makes the United States different from many other nations because it clearly separates the powers of the federal government and the states. Federal power has grown immensely since President Franklin Delano Roosevelt's New Deal in the 1930s, but states remain powerful entities. Goudinoff said the 10th Amendment was a response to opponents of the U.S. Constitution who said the document was creating a federal behemoth. Never mind that in the late 1700s the size of the federal government was a tiny fraction of what it is today. "It makes you wonder, if the Framers could have seen what American government is today, would they have proceeded with the Constitution?" Goudinoff asked. Goudinoff said that when he used to explain American government to foreign visitors they were shocked to learn that the president of the United States couldn't, for example, fire the police chief in Tucson. "They simply couldn't comprehend that," Goudinoff said. "It's because of the 10th Amendment that the president can't appoint the mayor of Tucson or tell the county sheriff what to do." Ensuring representation The 10th Amendment is also the reason our U.S. representatives and senators answer mainly to our community and not to people in Florida or Montana. "We have a dual and divided government," said Branson, of the Center for Civic Education. "In both Britain and France, for example, subordinate government units have very little power. The national government controls everything. "In Britain, the lawmakers' loyalty is to the nation, and a member of Parliament can choose to represent any district where there's an opening. Here, we expect our representatives to live in the communities they represent and stand up for those communities." By empowering states, elected leaders are more closely tied to their constituents, and more accountable to them, Branson said. However, Branson said there's been a trend to more power going to the federal government, and Americans seem to be accepting the idea that there needs to be more central-government oversight of our daily lives. "Some people would say that's a necessity because we've become a world power," Branson said. "There are some things that have to have a national imprint. You can't have 50 different policies for all 50 states in certain areas." The Ninth and 10th amendments are invaluable parts of the Bill of Rights and the Constitution. The Ninth ensures that all of our rights are protected, even when not mentioned, and the 10th keeps the power of the federal government in check. Contact editorial writer Martin Rosales at 573-4236 or mrosales@azstarnet.com. Post Comment Private Reply Ignore Thread |
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