Matt

“Thus, to protect against any power being used to violate the rights in the declaration of rights, such rights-violating powers are expressly not delegated as part of those “general powers.” It is not simply that the constitution affirmatively protects those rights, but that the power to violate them is not given to the state government in the first place. This, in a sense, was an answer to Hamilton’s and the Federalists’ promise that enumerated powers would not infringe on rights: we will not only spell those rights out, but explain that those powers do not extend to those rights at all. Pennsylvania’s framers intended to hold up their liberties with a belt and pair of suspenders.”
― Anthony B Sanders, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters

“For, read properly, the ninth amendment creates no rights at all. There are no “ninth amendment rights” in the sense in which there are, for example, first amendment rights or fourth amendment rights. That there are individual rights fully derivable from no single provision but implicit in several, or in the structure of the Bill of Rights as a whole, is a proposition implicit in the ninth amendment. But that amendment is not itself the fount of any such rights, and it in no way obviates the need to argue that the Constitution does indeed impose upon government the particular limitation for which the advocate contends.52 Thus the Ninth Amendment itself does not protect a right, but tells us not to not find a right in the Constitution just because it is not specifically enumerated. The right to privacy still needs some kind of constitutional hook, although that hook might be the Due Process Clause of the Fourteenth Amendment, for example, even though the clause does not mention “privacy.” In interpreting that clause, and other clauses, we should be mindful of their more expansive interpretations.”
― Anthony B Sanders, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters

“demonstrates a belief in popular sovereignty, something commonly held at the time of the U.S. Constitution’s adoption. This view of the legitimacy of government asserts that sovereignty did not reside in the federal or state governments, but ultimately in the people themselves.65 The people can delegate their sovereignty however they wish, either through enumerated powers (à la the federal government) or general powers (à la the states). They could also, presumably, delegate no powers to any government and live in complete anarchy.”
― Anthony B Sanders, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters

“In later unenumerated rights cases the Supreme Court has, for whatever reason, shied away from Justice Goldberg’s suggestion. That has not prevented it from using tests looking to “traditions” and the like for “fundamental rights” worthy of its protection, such as in famous unenumerated rights cases like Roe v. Wade (abortion), Troxel v. Granville (parents’ right to direct the upbringing of their children), or Lawrence v. Texas (right of same-sex intimate sexual conduct).59 But in none of those or related cases has it invoked the Ninth Amendment beyond, at best, a passing reference. Thus, Justice Goldberg’s undeveloped but interesting thoughts on the matter are the only more than transitory statements on the Ninth Amendment from the nation’s highest court.”
― Anthony B Sanders, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters