Not all rights are listed in the Constitution; some are given by states or common law. For example, children have a right to a free and appropriate public education, but this right is not listed in the Constitution. The right to presumption of innocence is rooted in English common law, and not listed in the Constitution.
The Rights not enumerated in the Constitution are those Rights not specifically mentioned in the Amendments or the body of the Constitution, namely:
The Tenth Amendment clearly states:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Therefore, we are free, because we have all rights, i.e. we may do all things that are not specifically prohibited by criminal Law.
Peter M. Vujin, Esq.
The Ninth and Tenth Amendments.
[Amendment IX]
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
[Amendment X]
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The point that most people miss is the Tenth Amendment. Congress has eighteen "Enumerated Powers", listed in Article 1 Section 8. The Tenth Amendment explicitly states that the Federal government has NO OTHER POWERS. 95% of what our Federal government does is illegal.
Federal powers not expressly listed (or enumerated) in the Constitution are called unenumerated powers or implied powers.
yes, ninth amendment
bill of rights
the ninth amendment
Peripheral Rights
# everybody
protect rights beyond those listed in the Constitution
When the Constitution was created, African Americans had no rights, even though the constitution said that all men were equal. They had no right to vote, to speak freely, and had educational rights taken from them. It wasn't until the 13th admendment, when Abraham Lincoln set his Emancipation Proclamation, that blacks started to gain their rights in the Consitution. The 14th admendment was first indended to secure the rights of former slaves. The original Constitution did not follow for African Americans, it was later that it was changed to include them.
Yes, all the rights of Americans are listed in the bill of rights, which are the first 10 amendments to the Constitution.
Bill of Rights
When the U.S. was founded, they fixed all the problems listed in the Declaration of Independence in the Constitution. The Constitution ensured that their rights were protected against anything, including the government.
The 9th amendment states that all rights not listed in the Bill of Rights go to the states to decide.
Bill of Rights
the ninth amendment
the ninth amendment
protects other rights that might not have been listed in the Constitution.
Peripheral Rights
Americans have unnamed rights guaranteed by the Constitution of the United States. The Constitution specifically says that even rights not mentioned directly in the Constitution are given to the people.
by the Bill of Rights.
In the preamble.