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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.

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10y ago
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14y ago

The Rights not enumerated in the Constitution are those Rights not specifically mentioned in the Amendments or the body of the Constitution, namely:

  • Freedom of Speech
  • Freedom of Religion
  • Freedom of Peaceful Assembly
  • Freedom of the Press
  • Freedom to Bear Arms
  • Freedom from Military Seizure and use of Property
  • Freedom to be Secure in our Persons, Papers, and Belongings
  • Freedom from Unlawful Search and Seizure
  • Freedom from Self-Incrimination
  • Right to Trial by Jury of our Peers
  • Freedom from Double Jeopardy (tried for the same crime twice)
  • Freedom from Attainder (cannot be imprisoned without cause)
  • Right to a Speedy Trial
  • Right to Confront Accusers
  • Right to Subpoena Witnesses for the Defense
  • Right of Civil Trial by Jury (for all matters over $20)
  • Right of Reasonable Bail
  • Freedom from Cruel and Unusual Punishment.

All other rights of the people are reserved to the people. This is important, as the Constitution declares that all our rights as citizens do not come from the Government, but are an intrinsic part of ourselves as human beings. The enumeration of rights in the first 8 Amendments specifically forbids the Federal Government from infringing on those rights, but the 9th and 10th Amendments specifically state that there are far more rights, and they are reserved to the people and to the individual States, respectively.
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13y ago

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.

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9y ago

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.

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13y ago

Federal powers not expressly listed (or enumerated) in the Constitution are called unenumerated powers or implied powers.

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14y ago

yes, ninth amendment

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9y ago
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Anonymous

Lvl 1
3y ago

bill of rights

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Q: What rights do Americans have that is not listed in the constitution?
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Related questions

Is it the constitution that keeps us free?

Yes, all the rights of Americans are listed in the bill of rights, which are the first 10 amendments to the Constitution.


What was added to the constitution that listed the rights not already in the constitution?

Bill of Rights


What documents did Americans deal with the complaints listed in the Declaration of Independence?

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.


What does the ninth amendment say about the rights not listed in the constitution?

The 9th amendment states that all rights not listed in the Bill of Rights go to the states to decide.


What was added to the constitution that listed right not already in the Constitution?

Bill of Rights


The Bill of Rights grants many specific rights to American citizens One amendment states that Americans citizens also have rights that are not specifically listed in the Constitution or Bill of Right?

the ninth amendment


The Bill of Rights grants many specific rights to American citizens. One amendment states that Americans citizens also have rights that are not specifically listed in the Constitution or Bill of Right?

the ninth amendment


What does the 9th amendment say about rights not listed in the constitution?

protects other rights that might not have been listed in the Constitution.


What are rights that are not explicity listed in the Constitution but are recognized by courts?

Peripheral Rights


What amendment reinforces the fact that Americans have rights that are not listed in the Constitution?

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.


How does the bills of rights guarantee rights beyond those listed in the constitution?

by the Bill of Rights.


Where are basic rights listed in US Constitution?

In the preamble.