1. 9th Amendment …designed only to limit power of the federal government …should not be used by the courts to expand the individual rights guaranteed by the Bill of Rights …does not protect extra rights beyond those listed in the Constitution …unless the courts interpret the 9 th to protect rights not listed in the Bill of Rights, the very purpose of the amendment is defeated …give federal court an obligation to protect “unenumerated” rights – just as they protect listed rights.

2. “Forgotten Amendment” …gives judges too much power Vague language invites judges to rely on personal ideas of fairness, rather than law …can destroy democracy by overruling laws passed by elected representatives …allows courts to use own substantive stands of justice to find “fundamental rights” …allows judges to interpret the law …judges have an obligation to enforce all amendments, including the 9 th. …privacy, rt to travel, rt. to vote. association, etc Penumbras of Emanations Implied by rights listed

3. Right to Privacy Most cherished / most controversial right not listed in the Constitution Marry Have children Send children to private schools Abortion Sexual privacy Homes Cars Internet

4. Griswald v. Connecticutt1965 Right to maritial privacy Penumbras of emanations: 3 rd, 4 th, 5 th amendments create “zones of privacy” Roe v. Wade1973 14 th Amendment Bowers v. Hardwick1986 9 th used as a defense