Which amendment states that the enumeration of rights in the Constitution does not imply the absence of unenumerated rights?

• A. The 8th Amendment
• B. The 9th Amendment
• C. The 10th Amendment
• D. The 12th Amendment

Answer: (B)

The idea being tested is that listing rights in the Constitution doesn’t limit people to only those rights. The Ninth Amendment makes this clear by saying that the enumeration of rights in the Constitution shall not be used to deny or disparage other rights retained by the people. In other words, just because a right isn’t spelled out among the listed protections doesn’t mean it doesn’t exist or isn’t protected.

This was added to address the concern that specifying certain rights might imply others don’t exist. It gives the Constitution flexibility, recognizing that there are additional, unenumerated rights that people retain. Over time, this has supported judicial recognition of rights that aren’t explicitly named in the Bill of Rights, like various privacy-related freedoms, even though those rights aren’t written in exact terms there.

The other amendments mentioned don’t tackle unenumerated rights. The eighth amendment deals with punishment and fines, not the scope of rights beyond those listed. The tenth amendment deals with reserved powers to states and the people, not with unenumerated individual rights. The twelfth amendment concerns the procedure for electing the president and vice president, not rights beyond those enumerated.