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The Ninth Amendment to the Constitution clarifies that the rights listed in the Constitution are not the only rights people have, and listing some rights does not deny others retained by the people.

1791

The year this amendment was ratified in.

What is a constitutional amendment?

A constitutional amendment alters the Constitution of the United States by striking or inserting new language. The Constitution establishes the structure, powers, and responsibilities of the federal government. It has been formally amended 27 times.

The constitutional amendment process is as follows:

Step 1

Two-thirds vote

An amendment may be proposed by a two-thirds vote in both the House of Representatives and the Senate or by a constitutional convention called by two-thirds of state legislatures.

Step 2

Three-fourths ratification

Once proposed, the archivist of the United States submits the amendment to the states for consideration. It becomes part of the Constitution once it is ratified by three-fourths of the states.

Full text of the Ninth Amendment

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

When did the states ratify the Ninth Amendment?

Congress proposed this amendment on September 25, 1789. Ratification was completed on December 15, 1791, when the 11th state, Virginia, approved the amendment, with 14 states in the Union at the time. New Jersey was the first state to approve, 56 days after the amendment was proposed. Connecticut was the last state to approve, 54,600 days after the amendment was proposed.

Virginia completed ratification of the Ninth Amendment.

Date of ratification by state, Ninth Amendment

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How has the Ninth Amendment shaped Supreme Court rulings?

The Supreme Court has the power of judicial review, which is the authority to declare that federal or state government actions violate the Constitution. This power shows how individual amendments can have a lasting impact on how laws are interpreted and applied.

Under judicial review, there have been zero cases where the Court struck down laws as unconstitutional using the Ninth Amendment.

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Methodology

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Page sources

USAFacts endeavors to share the most up-to-date information available. We sourced the data on this page directly from government agencies; however, the intervals at which agencies publish updated data vary.